BILL NUMBER: AB 1337 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2015
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, provider or attorney, 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 that is maintained electronically
, upon request . 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 if the medical provider determines that the
form is valid .
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) For purposes of this section, "medical provider
and or employer" means 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.
(b) 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, to 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 shall, upon presentation of the written
authorization, medical provider or
employer, the medical provider or employer promptly make all of
the patient's records under that person or entity's
the medical provider or employer's custody or
control available for inspection and copying by the attorney at law
or his or her representative.
(b)
(c) Copying of medical records shall not be performed
by any a medical provider or
employer described in subdivision (a), employer,
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)
(d) 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
medical provider or employer 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)
(e) (1) All reasonable costs incurred by any
person or entity described in subdivision (a) a
medical provider or employer in making patient records
available pursuant to this section may be charged against the
person whose written authorization required the availability
of attorney who requested 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)
(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 for retrieval and return of records held offsite by the third
person.
(f)
(g) If an electronic copy of a
medical record is requested, the requested
pursuant to subdivision (b) is maintained electronically, a
medical provider or employer described in subdivision (a),
or an agent thereof, shall , upon request,
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.
in the format requested by the requesting party, or, if that
format is unavailable, in another agreed-upon format.
(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)
(h) 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 if both of the following conditions are
satisfied:
(1) The medical provider determines
that the form is valid.
(2) The form 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
specified medical records to a designated
rec ords to a designated rec ipient. The medical
provider or
employer shall
provider shall not condition treatment, payment,
enrollment, or
e nrollment, or e ligibility for benefits on
the submission of
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 ________digital/CD, if available .
___Laboratory results dated from ________ to
___Laboratory results dated.
___ _____.
Laboratory
results regarding specific test(s)
only (specify)________.
___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
___ _____ Mental health records .
___Alcohol or drug records dated from ________
to ________.
___HIV test results dated from ________ to
___ ____ Alcohol or drug records .
___HIV test results.
Method of delivery of requested records:
___Mail
___Pick up
___Electronic delivery ,
recipient
email:________________
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.