BILL ANALYSIS Ó
AB 1337
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ASSEMBLY THIRD READING
AB
1337 (Linder)
As Amended April 21, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+-----------------------+--------------------|
|Health |17-0 |Bonta, Maienschein, | |
| | |Bonilla, Burke, | |
| | |Chávez, Chiu, Gomez, | |
| | |Gonzalez, Lackey, | |
| | |Patterson, | |
| | |Ridley-Thomas, | |
| | |Rodriguez, Santiago, | |
| | |Steinorth, Thurmond, | |
| | |Waldron, Wood | |
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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.
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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.
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
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Accountability Act, patients the right to obtain a copy of their
medical records from any medical provider, with exceptions.
FISCAL EFFECT: None
COMMENTS: 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.
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.
There is no opposition on file.
AB 2059 (Muratsuchi) of 2014 would have required a medical
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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 electronically. AB 2059
was held on the Senate inactive file.
Analysis Prepared by:
Rylan Gervase / HEALTH / (916) 319-2097 FN:
0000281