BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1337


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          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.









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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