AB 2059, as amended, Muratsuchi. Medical records: electronic delivery.
Existing law requires certain enumerated health care providers to make all of a patient’s records under their custody or control available for inspection and copying by an attorney at law, or his or her representative, who presents a written authorization therefor, as specified. Existing law provides that a person or entity that fails to make the records available 5 days after the presentation of the written authorization may be subject to reasonable expenses incurred to enforce these provisions. Existing law further authorizes any person or enumerated health care provider to charge the person whose written authorization required the availability of the records for the reasonable costs incurred in making the patient records available, as specified.
This bill would require a health care providerbegin insert,end insert
as defined, to provide an electronic copy ofbegin delete aend deletebegin insert an electronicend insert
medical recordbegin insert or electronic health recordend insert, when an electronic a copy is requested, if the medical record exists in digital or electronic format and the medical record can be delivered electronically. The bill would extend the period following presentation of the writtenbegin insert request andend insert authorization after which a health care provider that fails to make the records available may be subject to reasonable expensesbegin insert, including court costs,end insert incurred to enforce these provisions from 5 days tobegin delete 15end deletebegin insert
20 businessend insert days. The bill would additionally authorize a health care provider that provides electronic copies of medical records to charge the person whose writtenbegin delete authorizationend deletebegin insert
requestend insert required the availability of the records for the reasonable costs incurred to provide the electronic copies, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1158 of the Evidence Code is amended
2to read:
(a) Before the filing of any action or the appearance of
4a defendant in an action, if an attorney at law or his or her
5representativebegin insert, agent, or subcontractorend insert presents a writtenbegin insert request
6for medical records with anend insert authorizationbegin delete thereforend delete
signed by an
7adult patient, by the guardian or conservator of his or her person
8or estate, or, in the case of a minor, by a parent or guardian of the
9minor, or by the personal representative or an heirbegin insert or surviving
10spouseend insert of a deceased patient, or a copy thereof, a
health care
11provider, as defined in Section 1375.7 of the Health and Safety
12Code, shall make all of the patient’s records under that person’s
13or entity’s custody or control available for inspection and copying
14by the attorney at law or his or her representative,begin delete promptly uponend delete
15begin insert agent, or subcontractor within 20 business days ofend insert the presentation
16of the writtenbegin insert request andend insert authorization.
17(b) Copying of medical records pursuant to this section shall
18not be performed by the health care provider or the health care
19provider’s employer, or by an agent thereof, if the
requesting
20attorney has employed a professional photocopier or anyone
21identified in Section 22451 of the Business and Professions Code
22as his or her representative to obtain or review the records on his
23or her behalf. The presentation of thebegin insert written request andend insert
24 authorization by the agent on behalf of the attorney shall be
25sufficient proof that the agent is the attorney’s representative.
26(c) Failure to make the records available during business hours,
27withinbegin delete 15end deletebegin insert 20 businessend insert days after the presentation of the written
P3 1begin insert
request andend insert authorization, may subject the health care provider
2having custody or control of the records to liability for all
3reasonable expenses, including attorney’s feesbegin insert and court costsend insert,
4incurred in any proceeding to enforce this section.
5(d) If an electronic copy of a medical record is requested
6pursuant to this section, the health care provider shall provide an
7electronic copy of the requested medical record if the medical
8record exists in a digital or electronic format that can be delivered
9electronically.
10begin insert(d)end insertbegin insert end insertbegin insertIf the records requested pursuant to subdivision (a) are
11electronic medical records or electronic health records stored on
12a digital or other electronic medium and the requesting party
13requests delivery in a digital or electronic medium, including
14electronic mail, the health care provider shall provide an electronic
15copy of the requested medical records.end insert
16(e) (1) All reasonable costs incurred by
the health care provider
17in making patient records available pursuant to this section may
18be charged against the person whose written authorization required
19the availability of the records.
20(2) “Reasonable cost,” as used in this section,begin delete shall include,end delete
21begin insert includes,end insert butbegin insert isend insert notbegin delete beend delete limited to, the following specific costs:
22(A) For paper copies of medical records requested pursuant to
23this section, all of the following apply:
24(i) Ten cents ($0.10) per page for standard reproduction of
25documents of a size 81⁄2 by 14 inches or less.
26(ii) Twenty cents ($0.20) per page for copying of documents
27from microfilm; actual costs for the reproduction of oversize
28documents or the reproduction of documents requiring special
29processing which are made in response to an authorization.
30(iii) Reasonable clerical costs incurred in locating and making
31the records available to be billed at the maximum rate of sixteen
32dollars ($16) per hour per person, computed on the basis of four
33dollars ($4) per quarter hour or fraction thereof.
34(iv) Actual postage charges.
35(v) The actual cost, if any, charged to the witness by a third
36party for the retrieval and return of records held by that third party.
37(B) For electronic copies of medical records requested
pursuant
38to subdivision (d) that are provided by the health care provider in
39a digital or other electronic medium including, but not limited to,
40e-mail, both of the following apply:
P4 1(B) For electronic medical records or electronic health records
2provided on a digital or other electronic medium, “reasonable
3cost” includes only the following specific costs:
4(i) [X] cents ($0.X) per page.
end delete
5begin insert(i)end insertbegin insert end insertbegin insertTwenty-five cents ($0.25) per page, not to exceed one hundred
6twenty-five dollars ($125).end insert
7(ii) A retrieval or processing feebegin delete of [XX] dollars ($XX).end deletebegin insert in an
8amount not to exceed thirty dollars ($30).end insert
9(f) If the records are delivered to the attorney or the attorney’s
10representative for inspection or photocopying at the record
11custodian’s place of business, the only fee for complying with the
12authorization shall not exceed fifteen dollars ($15), plus actual
13costs, if any, charged to the record custodian by a third
party for
14retrieval and return of records held offsite by the third party.
15(g) This section shall not be construed to supersede the
16requirements or replace or in any way modify any privacy and
17information security requirements and protections in federal law
18regarding protected health information or personally identifiable
19information, including, but not limited to, the federal Health
20Insurance Portability and Accountability Act (HIPAA) and its
21implementing regulations, or any rule promulgated by the
22Department of Industrial Relations, Division of Workers’
23Compensation.
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