Text: HF00461 Text: HF00463 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 135.26 HEALTH CARE PROVIDER
1 2 RECORDS – DUPLICATION FOR PROVISION TO PATIENT.
1 3 1. Upon the written request of a patient, a health care
1 4 provider shall allow the patient to inspect and shall provide
1 5 the patient with a duplicate of the health care record of the
1 6 patient. The health care provider may charge a fee, as
1 7 established by rule of the department, for duplication of the
1 8 record.
1 9 2. A health care provider may withhold the record from the
1 10 patient if the provider reasonably determines that the
1 11 information is detrimental to the physical or mental health of
1 12 the patient, or is likely to cause the patient to harm the
1 13 patient or another person. If a record is withheld from the
1 14 patient under this subsection, the health care provider may
1 15 provides access to the record or a duplicate of the record to
1 16 the patient's attorney or personal physician upon request of
1 17 the patient.
1 18 3. For the purposes of this section:
1 19 a. "Health care provider" means a person licensed to
1 20 practice medical surgery pursuant to chapter 148, physical
1 21 therapy pursuant to chapter 148A, occupational therapy
1 22 pursuant to chapter 148B, acupuncture pursuant to chapter
1 23 148E, podiatry pursuant to chapter 149, osteopathy pursuant to
1 24 chapter 150, osteopathic medicine and surgery pursuant to
1 25 chapter 150A, chiropractic pursuant to chapter 151, nursing
1 26 pursuant to chapter 152, dietetics pursuant to chapter 152A,
1 27 respiratory care pursuant to chapter 152B, message therapy
1 28 pursuant to chapter 152C, dentistry pursuant to chapter 153,
1 29 optometry pursuant to chapter 154, psychology pursuant to
1 30 chapter 154B, social work pursuant to chapter 154C, behavioral
1 31 science pursuant to chapter 154D, or licensed as a physician
1 32 assistant pursuant to chapter 148C, a hospital licensed
1 33 pursuant to chapter 135B, and a health care facility licensed
1 34 pursuant to chapter 135C.
1 35 b. "Health care record" includes but is not limited to
2 1 evaluations, diagnoses, prognoses, treatment, history, charts,
2 2 pictures, laboratory reports, X rays, prescriptions, and other
2 3 technical information used in assessing a patient's condition.
2 4 4. The department shall adopt rules prescribing uniform
2 5 fees, based upon the actual cost of duplication, that a health
2 6 care provider may charge for duplication of health care
2 7 records requested by a patient under this section. The rules
2 8 adopted may provide for an additional fee based upon the
2 9 actual costs for postage or other means of delivery and may
2 10 provide for an annual increase based upon the annual rate of
2 11 inflation for the preceding calendar year as determined by the
2 12 consumer price index published by the bureau of labor
2 13 statistics of the United States department of labor.
2 14 EXPLANATION
2 15 This bill requires a health care provider to allow a
2 16 patient to inspect and to provide a patient with a duplicate
2 17 of the patient's health care record upon written request of
2 18 the patient. The bill provides that if the health care
2 19 provider reasonably determines that the information is
2 20 detrimental to the physical or mental health of the patient,
2 21 or is likely to cause the patient to harm the patient or
2 22 another person, the health care provider may withhold the
2 23 record and instead provide the record to the patient's
2 24 attorney or personal physician upon the request of the
2 25 patient. The bill requires the Iowa department of public
2 26 health to adopt rules to establish a uniform fee which may be
2 27 charged for duplication of the records.
2 28 LSB 2261YH 77
2 29 pf/jj/8.1
Text: HF00461 Text: HF00463 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? webmaster@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Mar 13 08:02:13 CST 1997
URL: /DOCS/GA/77GA/Legislation/HF/00400/HF00462/970305.html
jhf