Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1337


Introduced by Assembly Member Linder

February 27, 2015


An act to amend Section 1158 of the Evidence Code, relating to evidence.

LEGISLATIVE COUNSEL’S DIGEST

AB 1337, as amended, Linder. Medical records: electronic delivery.

Existing law requires certain enumerated medical providers and medical employers to make a patient’s records available for inspection and copying by an attorney, or his or her representative, who presents a written authorization therefor, as specified.

This bill would require a medical provider or employer, or an agent thereof, 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.begin insert The bill would also require a medical provider or employer to accept a prescribed authorization form once completed and signed by the patient, as specified, and would prohibit a medical provider or employer from conditioning treatment, payment, enrollment, or eligibility for benefits on the submission of an authorization for the release of records.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 1158 of the Evidence Code is amended
2to read:

3

1158.  

(a) Before the filing of any action or the appearance of
4a defendant in an action,begin insert ifend insert an attorney at law or his or her
5representative presents a written authorization therefor signed by
6an adult patient, by the guardian or conservator of his or her person
7or estate, or, in the case of a minor, by a parent or guardian of the
8minor, or by the personal representative or an heir of a deceased
9patient, or a copy thereof, a physician and surgeon, dentist,
10registered nurse, dispensing optician, registered physical therapist,
11podiatrist, licensed psychologist, osteopathic physician and
12surgeon, chiropractor, clinical laboratory bioanalyst, clinical
13laboratory technologist, or pharmacist or pharmacy, duly licensed
14as such under the laws of the state, or a licensedbegin delete hospital,end deletebegin insert hospitalend insert
15 shallbegin insert, uponend insertbegin insert presentation of the written authorization, promptlyend insert
16 make all of the patient’s records under that person or entity’s
17custody or control available for inspection and copying by the
18attorney at law or his or herbegin delete representative, promptly upon the
19presentation of the written authorization.end delete
begin insert representative.end insert

20(b) Copying of medical records shall not be performed by any
21medical provider or employer described in subdivision (a), or by
22an agent thereof, when the requesting attorney has employed a
23professional photocopier or anyone identified in Section 22451 of
24the Business and Professions Code as his or her representative to
25obtain or review the records on his or her behalf. The presentation
26of the authorization by the agent on behalf of the attorney shall be
27sufficient proof that the agent is the attorney’s representative.

28(c) Failure to make the records available during business hours,
29within five days after the presentation of the written authorization,
30may subject the person or entity having custody or control of the
31 records to liability for all reasonable expenses, including attorney’s
32fees, incurred in any proceeding to enforce this section.

33(d) (1) All reasonable costs incurred by any person or entity
34described in subdivision (a) in making patient records available
35pursuant to this section may be charged against the person whose
36written authorization required the availability of the records.

37(2) “Reasonable cost,” as used in this section, shall include, but
38not be limited to, the following specific costs: ten cents ($0.10)
P3    1per page for standard reproduction of documents of a size 812 by
214 inches or less; twenty cents ($0.20) per page for copying of
3documents from microfilm; actual costs for the reproduction of
4oversize documents or the reproduction of documents requiring
5special processing which are made in response to an authorization;
6reasonable clerical costs incurred in locating and making the
7records available to be billed at the maximum rate of sixteen dollars
8($16) per hour per person, computed on the basis of four dollars
9($4) per quarter hour or fraction thereof; actual postage charges;
10and actual costs, if any, charged to the witness by a third person
11for the retrieval and return of records held by that third person.

12(e) If the records are delivered to the attorney or the attorney’s
13representative for inspection or photocopying at the record
14custodian’s place of business, the only fee for complying with the
15authorization shall not exceed fifteen dollars ($15), plus actual
16costs, if any, charged to the record custodian by a third person for
17retrieval and return of records held offsite by the third person.

18(f) If an electronic copy of a medical record is requested, the
19medical provider or employer described in subdivision (a), or an
20agent thereof, shall provide an electronic copy of the requested
21medical record if the medical record exists in a digital or electronic
22format that can be delivered electronically.

begin insert

23(g) (1) A medical provider or employer described in subdivision
24(a) shall not condition treatment, payment, enrollment, or eligibility
25for benefits on the submission of an authorization form pursuant
26to subdivision (a).

end insert
begin insert

27(2) A medical provider or employer described in subdivision
28(a) shall accept a signed and completed authorization form for the
29disclosure of health information that is in substantially the
30following form:

end insert

31

 

begin insert
begin insert

AUTHORIZATION FOR DISCLOSURE OF HEALTH INFORMATION PURSUANT TO EVIDENCE CODE SECTION 1158

The undersigned authorizes the medical provider or employer designated below to disclose specified medical records to a designated recipient. The medical provider or employer shall not condition treatment, payment, enrollment, or eligibility for benefits on the submission of this authorization.

end insert
begin insert end insert
begin insert

Medical provider or employer: ________________

Patient name: ________________

Medical record number: ________________

Date of birth: ________________

Address: ________________

Telephone number: ________________

Email: ________________

Recipient name: ________________

Recipient address: ________________

Recipient telephone number: ________________

Recipient email: ________________

Health information requested (check all that apply):

___Records dated from ________ to ________.

___Radiology records: ________ images or films ________ reports.

___Laboratory results dated from ________ to ________.

___All records.

___Records related to a specific injury, treatment, or other purpose (specify): ________________.

Note: records may include information related to mental health, alcohol or drug use, and HIV or AIDS. However, treatment records from mental health and alcohol or drug departments and results of HIV tests will not be disclosed unless specifically requested (check all that apply):

___Mental health records dated from ________ to ________.

___Alcohol or drug records dated from ________ to ________.

___HIV test results dated from ________ to _______.

Method of delivery of requested records:

___Mail

___Pick up

___Electronic delivery

This authorization is effective for one year from the date of the signature unless a different date is specified here: ________________.

This authorization may be revoked upon written request, but any revocation will not apply to information disclosed before receipt of the written request.

A copy of this authorization is as valid as the original. The undersigned has the right to receive a copy of this authorization.

Notice: Once the requested health information is disclosed, any disclosure of the information by the recipient may no longer be protected under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Patient signature*: ________________

Date: ________________

Print name: ________________

*If not signed by the patient, please indicate relationship to the patient (check one, if applicable):

___Parent or guardian of minor patient who could not have consented to health care.

___Guardian or conservator of an incompetent patient.

___Beneficiary or personal representative of deceased patient.

end insert
end insert
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