BILL ANALYSIS Ó
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CONCURRENCE IN SENATE AMENDMENTS
AB
1337 (Linder)
As Amended July 16, 2015
Majority vote
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|ASSEMBLY: | 77-0 | (May 7, 2015) |SENATE: |38-0 | (August 20, |
| | | | | |2015) |
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Original Committee Reference: HEALTH
SUMMARY: Provides a standardized authorization form for medical
records requests and requires a medical provider, as defined, to
provide electronic copies of medical records, as specified.
The Senate amendments delete references to employers in the
bill's definition of medical providers and throughout this bill.
Make other technical nonsubstantive changes to this bill.
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
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representative, as specified.
2)Prohibits a health care provider 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, 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.
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
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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.
Analysis Prepared by:
Rylan Gervase / HEALTH / (916) 319-2097 FN:
0001291