BILL NUMBER: AB 2059 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2014
INTRODUCED BY Assembly Member Muratsuchi
FEBRUARY 20, 2014
An act to amend Section 1158 of the Evidence Code, relating to
evidence.
LEGISLATIVE COUNSEL'S DIGEST
AB 2059, as amended, Muratsuchi. Medical records: electronic
delivery.
Existing law requires certain enumerated health care providers to
make all of a patient's records under their custody or control
available for inspection and copying by an attorney at law, or his or
her representative, who presents a written authorization therefor,
as specified. Existing law provides that a person or entity that
fails to make the records available 5 days after the presentation of
the written authorization may be subject to reasonable expenses
incurred to enforce these provisions. Existing law further authorizes
any person or enumerated health care provider to charge
the person whose written authorization required the availability of
the records for the reasonable costs incurred in making
the patient records available , as specified.
This bill would require the medical a
health care provider or employer, or an agent thereof,
as defined, to provide an electronic copy of a
medical record, when an electronic a copy is requested, if the
medical record exists in digital or electronic format and the medical
record can be delivered electronically. The bill would
extend the period following presentation of the written
authorization after which a health care provider that fails to make
the records available may be subject to reasonable expenses incurred
to enforce these provisions from 5 days to 15 days. The bill would
additionally authorize a health care provider that provides
electronic copies of medical records to charge the person whose writt
en authorization required the availability of the records
for the reasonable costs incurred to provide the electronic copies,
as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1158 of the Evidence Code is amended to read:
1158. (a) Before the filing of any action or the appearance of a
defendant in an action, if an attorney at law or his or her
representative presents a written authorization therefor signed by an
adult patient, by the guardian or conservator of his or her person
or estate, or, in the case of a minor, by a parent or guardian of the
minor, or by the personal representative or an heir of a deceased
patient, or a copy thereof, a physician and surgeon,
dentist, registered nurse, dispensing optician, registered physical
therapist, podiatrist, licensed psychologist, osteopathic physician
and surgeon, chiropractor, clinical laboratory bioanalyst, clinical
laboratory technologist, or pharmacist or pharmacy, duly licensed as
such under the laws of the state, or a licensed hospital,
health care provider, as defined in Section 1375.7 of the Health
and Safety Code, shall make all of the patient's records under
that person's or entity's custody or control available for
inspection and copying by the attorney at law or his or her
representative, promptly upon the presentation of the written
authorization.
(b) Copying of medical records pursuant to this
section shall not be performed by any medical
the health care provider or the health care
provider's employer described in subdivision (a)
, or by an agent thereof, when if
the requesting attorney has employed a professional photocopier
or anyone identified in Section 22451 of the Business and
Professions Code as his or her representative to obtain or review the
records on his or her behalf. The presentation of the authorization
by the agent on behalf of the attorney shall be sufficient proof that
the agent is the attorney's representative.
(c) Failure to make the records available during business hours,
within five 15 days after the
presentation of the written authorization, may subject the
person or entity health care provider having
custody or control of the records to liability for all reasonable
expenses, including attorney's fees, incurred in any proceeding to
enforce this section.
(d) If an electronic copy of a medical record is requested
pursuant to this section, the health care provider shall provide an
electronic copy of the requested medical record if the medical record
exists in a digital or electronic format that can be delivered
electronically.
(d)
(e) (1) All reasonable costs incurred by any
person or entity described in subdivision (a) the
health care provider in making patient records available
pursuant to this section may be charged against the person whose
written authorization required the availability of the records.
(2) "Reasonable cost," as used in this section, shall include, but
not be limited to, the following specific costs: ten
(A) For paper copies of medical records
requested pursuant to this section, all of the following apply:
(i) Ten cents ($0.10) per page
for standard reproduction of documents of a size 81/2 by 14 inches or
less; less. twenty
(ii) Twenty cents ($0.20) per
page for copying of documents from microfilm; actual costs for the
reproduction of oversize documents or the reproduction of documents
requiring special processing which are made in response to an
authorization; authorization.
reasonable
(iii) Reasonable clerical costs
incurred in locating and making the records available to be billed at
the maximum rate of sixteen dollars ($16) per hour per person,
computed on the basis of four dollars ($4) per quarter hour or
fraction thereof; thereof.
actual
(iv) Actual postage
charges; charges. and
(v) The actual costs,
cost, if any, charged to the witness by a third
person party for the retrieval and
return of records held by that third person.
party.
(B) For electronic copies of medical records requested pursuant to
subdivision (d) that are provided by the health care provider in a
digital or other electronic medium including, but not limited to,
e-mail, both of the following apply:
(i) X] cents ($0.X) per page.
(ii) A retrieval or processing fee of XX] dollars ($XX).
(e)
(f) If the records are delivered to the attorney or the
attorney's representative for inspection or photocopying at the
record custodian's place of business, the only fee for complying with
the authorization shall not exceed fifteen dollars ($15), plus
actual costs, if any, charged to the record custodian by a third
person party for retrieval and return
of records held offsite by the third person.
party.
(f) If an electronic copy of a medical record is requested, the
medical provider or employer described in subdivision (a), or an
agent thereof, shall provide an electronic copy of the requested
medical record if the medical record exists in a digital or
electronic format that can be delivered electronically.