BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1337


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          Date of Hearing:   May 5, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 1337  
          (Linder) - As Amended April 21, 2015


          SUBJECT:  Medical records:  electronic delivery.


          SUMMARY:  Provides a standardized authorization form for medical  
          records requests and requires a medical provider or employer to  
          provide electronic copies of medical records, as specified.   
          Specifically, this bill:  


          1)Requires medical providers and employers to accept a signed  
            and completed authorization form for the disclosure of health  
            information that is substantially similar to the form  
            specified in this bill.


          2)Requires a medical provider or employer to provide an  
            electronic copy of a requested medical record if the medical  
            record exists in a digital or electronic format that can be  
            delivered electronically.


          3)Precludes a medical provider or employer from conditioning  
            treatment, payment, enrollment, or eligibility for benefits on  
            the submission of an authorization form for medical records  
            requests.









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          EXISTING LAW:  


          1)Requires health care providers to make a patient's medical  
            records available for inspection and copying by an attorney,  
            prior to the filing of any action or the appearance of a  
            defendant in an action, when the attorney presents written  
            authorization from a patient, or the patient's designated  
            representative, as specified.

          2)Prohibits a health care provider or employer from copying  
            requested medical records when the requesting attorney has  
            employed a professional photocopier, as specified.

          3)Makes the person or entity having custody of the medical  
            records liable for all reasonable expenses, including  
            attorney's fees, incurred in any proceeding when the medical  
            records are not made available within five days of the written  
            request.

          4)Permits all reasonable costs incurred by a health care  
            provider in making patient records available to be charged  
            against the person requesting the records.

          5)Grants, under the federal Health Information Portability and  
            Accountability Act (HIPAA), patients the right to obtain a  
            copy of their medical records from any medical provider, with  
            exceptions.  

          FISCAL EFFECT:  None


          













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          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, health care  
            facilities use individualized authorization forms used to  
            release patient health records which vary widely depending on  
            the individual health care provider, facility, or health plan  
            or insurer.  The author asserts that the use of  
            provider-specific authorization forms is burdensome and  
            results in delays in obtaining records, as patients and/or  
            their representatives must contact individual providers to  
            obtain their specific authorization forms in order to request  
            records.  The author states that this bill will resolve this  
            problem by establishing a standardized medical request form  
            which will provide a streamlined process for patients and  
            health care facilities to request medical records.



          2)BACKGROUND.  Existing federal and California Law gives  
            patients the right to access their medical records.  According  
            to the Health Consumer Alliance, medical records requests fall  
            under various sections of California law, including the  
            federal Patient Access to Health Records Act, the  
            Confidentiality of Medical Information Act, and the  
            Information Practices Act of 1977.  The California Evidence  
            Code also contains provisions that give special access to  
            medical records to attorneys or their representatives with  
            patient authorization.

          The federal HIPAA grants patients the right to copies of their  
            own medical records.  HIPAA allows providers 30 days to  
            complete a records request.  However, under California law,  
            this time period is shorted to five days.  HIPAA allows health  
            care providers to withhold certain types of medical records,  
            including psychotherapy notes, information the provider is  
            compiling for lawsuits, and medical information the provider  
            believes could reasonably endanger the life or safety of  
            another person.








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          HIPAA precludes medical providers and employers from  
            conditioning treatment, payment, enrollment, or eligibility  
            for benefits on the signing of a medical records request  
            authorization form.  These provisions are intended to protect  
            patients from retaliation if a medical provider or employer  
            believes the requested medical records will be used in legal  
            proceedings against the entity providing the records.  This  
            bill would implement these provisions in state law.



          3)SUPPORT.  According to the sponsor, the Consumer Attorneys of  
            California (CAOC), the wide variance among authorization forms  
            leads to delays in processing patient health records requests.  
             CAOC states that a patient's attorney must contact the  
            applicable health care facility, obtain a specific form, have  
            the client sign that form, and then submit it back to the  
            health facility, which is a burdensome process.  CAOC asserts  
            that health care facilities receive medical records request  
            forms that differ from their own, which results in additional  
            delays and costs for providers to process records requests. 

          The California Hospital Association (CHA) states in support that  
            this bill creates a uniform authorization that all hospitals  
            and physicians will recognize to release medical records to an  
            attorney prior to the filing of a lawsuit.  CHA states that  
            today, lawyers, physicians and hospitals make up their own  
            forms, and having one easily-recognizable form will help  
            hospitals and physicians identify when a request has been  
            made.  CHA also states that with a standardized form,  
            hospitals and physicians will not have to analyze the form to  
            make sure it complies with medical privacy laws.
          4)PRIOR LEGISLATION.  AB 2059 (Muratsuchi) of 2014 would have  
            required a medical provider, as specified, or their employer  
            to provide an electronic copy of the requested medical record  
            when an attorney presents written authorization signed by the  
            patient or patient's representative when the medical record  
            exists in a digital or electronic format that can be delivered  








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            electronically.  AB 2059 was held on the Senate inactive file.


          5)POLICY CONSIDERATIONS.  This bill currently contains  
            provisions to protect against blanket disclosure of sensitive  
            patient records.  Current language for the standardized form  
            requires a requestor to check an additional box and specify a  
            date range in order to obtain records relating to mental  
            health, drugs and alcohol, and HIV test results.  Records of  
            this kind are subject to heightened confidentiality  
            requirements imposed on physicians under the  
            Lanterman-Petris-Short Act (LPS Act).  The provisions of the  
            LPS Act may require authorization not only from the patient,  
            but also from other health care providers or administrative  
            officers before information may be released to a third party,  
            and requires the authorization to specify the use of the  
            information and the specific information to be released.   
            Additionally, some physicians may have internal policies to  
            protect patient records from unauthorized disclosure that may  
            require additional information or specificity from the  
            requestor before they are comfortable releasing the records.   
            The author may wish to consider amending the standardized form  
            to ensure that providers have sufficient time and ability to  
            clarify the scope and sensitivity of medical record requests  
            before they are in violation of the time limits imposed by the  
            law to respond to such requests.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Consumer Attorneys of California (sponsor)










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          California Hospital Association




          Opposition


          None on File.




          Analysis Prepared by:Rylan Gervase / HEALTH / (916) 319-2097