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
Iowa General Assembly
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