BILL NUMBER: AB 1337 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2015
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. 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.
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,
hospital shall , upon
presentation of the written authorization, promptly make all of
the patient's records under that person 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. representative.
(b) Copying of medical records shall not be performed by any
medical provider or employer described in subdivision (a), or by an
agent thereof, when 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 days after the presentation of the written authorization,
may subject the person or entity 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) (1) All reasonable costs incurred by any person or entity
described in subdivision (a) 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 cents ($0.10)
per page for standard reproduction of documents of a size 81/2 by 14
inches or less; 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;
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; actual postage charges; and actual
costs, if any, charged to the witness by a third person for the
retrieval and return of records held by that third person.
(e) 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 for
retrieval and return of records held offsite by the third person.
(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.
(g) (1) A medical provider or employer described in subdivision
(a) shall not condition treatment, payment, enrollment, or
eligibility for benefits on the submission of an authorization form
pursuant to subdivision (a).
(2) A medical provider or employer described in subdivision (a)
shall accept a signed and completed authorization form for the
disclosure of health information that is in substantially the
following form:
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.
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.