Text: H01481 Text: H01483 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 693 as follows: 1 2 #1. By striking page 5, line 3, through page 6, 1 3 line 3, and inserting the following: 1 4 "3. a. In a civil action in which the condition 1 5 of the plaintiff in whose favor the prohibition is 1 6 made is an element or factor of the claim or defense 1 7 of the adverse party or of any party claiming through 1 8 or under the adverse party, the adverse party shall 1 9 make a written request for records relating to the 1 10 condition alleged upon the plaintiff's counsel for a 1 11 legally sufficient patient's waiver under federal and 1 12 state law. Upon receipt of a written request, the 1 13 plaintiff shall execute the patient's waiver and 1 14 release it to the adverse party making the request 1 15 within sixty days of receipt of the written request. 1 16 The patient's waiver may require a physician or 1 17 surgeon, physician assistant, or mental health 1 18 professional to do all of the following: 1 19 (1) Provide a complete copy of the patient's 1 20 records including, but not limited to, any reports or 1 21 diagnostic imaging relating to the condition alleged. 1 22 (2) Consult with the attorney for the adverse 1 23 party prior to providing testimony regarding the 1 24 plaintiff's medical history and the condition alleged 1 25 and opinions regarding health etiology and prognosis 1 26 for the condition alleged subject to the limitations 1 27 in paragraph "c". 1 28 b. If a plaintiff fails to sign a waiver within 1 29 the prescribed time period, the court may order 1 30 disclosure or compliance. The failure of a party to 1 31 comply with the court's order may be grounds for 1 32 dismissal of the action or any other relief authorized 1 33 under the rules of civil procedure. 1 34 c. Any physician or surgeon, physician assistant, 1 35 or mental health professional who provides records, 1 36 provides information during consultation, or otherwise 1 37 responds in good faith to a request pursuant to 1 38 paragraph "a" shall be immune with respect to all 1 39 civil or criminal penalties, claims, or actions of any 1 40 kind with respect to this section. 1 41 d. Any physician or surgeon, physician assistant, 1 42 or mental health professional who provides records or 1 43 consults with the counsel for the adverse party shall 1 44 be entitled to charge a reasonable fee for production 1 45 of the records, diagnostic imaging, and consultation. 1 46 Any party seeking consultation shall be responsible 1 47 for payment of all charges. The fee for copies of any 1 48 records shall be based upon actual cost of 1 49 production." 1 50 #2. Page 6, by striking lines 4 through 14 and 2 1 inserting the following: 2 2 "e. Defendant's counsel shall provide a written 2 3 notice to plaintiff's counsel at least ten days prior 2 4 to any meeting with plaintiff's physician or surgeon, 2 5 physician assistant, or mental health professional. 2 6 Plaintiff's counsel may be present at all such 2 7 meetings, or participate in telephonic communication 2 8 with the physician or surgeon, physician assistant, or 2 9 mental health professional and counsel for the 2 10 defendant. Plaintiff's counsel may seek a protective 2 11 order structuring all communication by making 2 12 application to the court at any time." 2 13 #3. Page 6, by inserting after line 14 the 2 14 following: 2 15 "f. The provisions of this subsection do not apply 2 16 to actions or claims brought pursuant to chapter 85, 2 17 85A, or 85B." 2 18 2 19 2 20 2 21 LAMBERTI of Polk 2 22 HF 693.505 77 2 23 tm/jw/28
Text: H01481 Text: H01483 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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