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Senate Engrossed House Bill
candidate petitions; felony disclosure (now: releasing medical records; promptness) |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HOUSE BILL 2557 |
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AN ACT
amending section 12-2293, Arizona Revised Statutes; relating to patient records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-2293, Arizona Revised Statutes, is amended to read:
12-2293. Release of medical records and payment records to patients and health care decision makers; definitions
A. Except as provided in subsections B and C of this section, on the written request of a patient or the patient's health care decision maker for access to or copies of the patient's medical records and payment records, the health care provider in possession of the medical record or payment record shall provide access to or copies of the medical records or payment records to the patient or the patient's health care decision maker promptly and within not more than seven business days.
B. A health care provider may deny a request for access to or copies of medical records or payment records if a health professional determines that either:
1. Access by the patient is reasonably likely to endanger the life or physical safety of the patient or another person.
2. The medical records or payment records make reference to a person other than a health professional and access by the patient or the patient's health care decision maker is reasonably likely to cause substantial harm to that other person.
3. Access by the patient's health care decision maker is reasonably likely to cause substantial harm to the patient or another person.
4. Access by the patient or the patient's health care decision maker would reveal information obtained under a promise of confidentiality with someone other than a health professional and access would be reasonably likely to reveal the source of the information.
C. A health care provider may deny a request for access to or copies of medical records or payment records if the health care provider determines that either:
1. The information was created or obtained in the course of clinical research and the patient or the patient's health care decision maker agreed to the denial of access when consenting to participate in the research and was informed that the right of access will be reinstated on completion of the research.
2. A health care provider is a correctional institution or is acting under the direction of a correctional institution and access by a patient who is an inmate in the correctional institution would jeopardize the health, safety, security, custody or rehabilitation of the patient or other inmates or the safety of any officer, employee or other person at the correctional institution or of a person who is responsible for transporting the inmate.
D. If the health care provider denies a request for access to or copies of the medical records or payment records, the health care provider must note this determination in the patient's medical records or payment records and provide to the patient or the patient's health care decision maker a written explanation of the reason for the denial of access. The health care provider must release the medical records or payment records information for which there is not a basis to deny access under subsection B of this section.
E. Notwithstanding any other provision of this SECTION, a health care provider shall respond to a request for medical records within the following time frames:
1. If the request is made by a patient or the patient's health care decision maker and is for the purpose of upcoming medical treatment:
(a) Within ten business days after receiving the request if the medical records are less than twelve months old and are maintained in the health care provider's current electronic health record system.
(b) Within fifteen business days after receiving the request if the medical records are twelve months old or more and are maintained in the health care provider's current electronic health record system.
2. Within thirty calendar days if the request is for a purpose other than upcoming medical treatment, including:
(a) Litigation.
(b) A request that is made by a patient for medical records that are not identified as necessary for upcoming medical treatment, including a request for personal copies of the patient's medical records when the medical records are otherwise available through a patient portal.
(c) Requests for the purposes of life insurance or life insurance underwriting.
(d) Requests from payors, unless otherwise specified in a contract between the provider and the payor.
(e) Requests from schools or educational institutions.
(f) Requests for records of a deceased patient.
(g) Any other request that is not related to current or upcoming medical treatment.
F. Subsection E of this section does not require a health care provider to create or compile records that do not otherwise exist.
E. G. For the purposes of this section: ,
1. "Health professional" has the same meaning prescribed in section 32-3201.
2. "upcoming medical treatment" means a scheduled or anticipated health care service or medical consultation for which the requested medical records are reasonably necessary to facilitate diagnosis, treatment or coordination of care.