BILL ANALYSIS Ó AB 1337 Page 1 ASSEMBLY THIRD READING AB 1337 (Linder) As Amended April 21, 2015 Majority vote -------------------------------------------------------------------- |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 | | -------------------------------------------------------------------- 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. AB 1337 Page 2 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 AB 1337 Page 3 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 AB 1337 Page 4 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