Text: HF00399 Text: HF00401 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. For the purposes of this section:
1 4 a. "Health care provider" means a person licensed to
1 5 practice medicine and surgery pursuant to chapter 148,
1 6 physical therapy pursuant to chapter 148A, occupational
1 7 therapy pursuant to chapter 148B, acupuncture pursuant to
1 8 chapter 148E, podiatry pursuant to chapter 149, osteopathy
1 9 pursuant to chapter 150, osteopathic medicine and surgery
1 10 pursuant to chapter 150A, chiropractic pursuant to chapter
1 11 151, nursing pursuant to chapter 152, dietetics pursuant to
1 12 chapter 152A, respiratory care pursuant to chapter 152B,
1 13 massage therapy pursuant to chapter 152C, dentistry pursuant
1 14 to chapter 153, optometry pursuant to chapter 154, psychology
1 15 pursuant to chapter 154B, social work pursuant to chapter
1 16 154C, behavioral science pursuant to chapter 154D, or licensed
1 17 as a physician assistant pursuant to chapter 148C, a hospital
1 18 licensed pursuant to chapter 135B, and a health care facility
1 19 licensed pursuant to chapter 135C.
1 20 b. "Health care record" includes but is not limited to
1 21 evaluations, diagnoses, prognoses, treatment, history, charts,
1 22 pictures, laboratory reports, X rays, prescriptions, and other
1 23 technical information used in assessing a patient's condition.
1 24 2. Upon the written request of a patient, a health care
1 25 provider shall allow the patient to inspect and shall provide
1 26 the patient with a duplicate of the health care record of the
1 27 patient. The health care provider may charge a fee, as
1 28 established by rule of the department, for duplication of the
1 29 record.
1 30 3. A health care provider may withhold the record from the
1 31 patient if the provider reasonably determines that the
1 32 information is detrimental to the physical or mental health of
1 33 the patient, or is likely to cause the patient to harm the
1 34 patient or another person. If a record is withheld from the
1 35 patient under this subsection, the health care provider may
2 1 provide access to the record or a duplicate of the record to
2 2 the patient's attorney or personal physician upon request of
2 3 the patient.
2 4 4. The department shall adopt rules pursuant to chapter
2 5 17A prescribing uniform fees, based upon the actual cost of
2 6 duplication, that a health care provider may charge for
2 7 duplication of health care records requested by a patient
2 8 under this section. The rules may provide for an additional
2 9 fee based upon the actual costs for postage or other means of
2 10 delivery and may provide for an annual increase based upon the
2 11 annual rate of inflation for the preceding calendar year as
2 12 determined by the consumer price index published by the bureau
2 13 of labor 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 the patient's health care record and to
2 17 provide the patient with a duplicate of the patient's health
2 18 care record upon written request of the patient. The bill
2 19 provides that if the health care provider reasonably
2 20 determines that the information is detrimental to the physical
2 21 or mental health of the patient, or is likely to cause the
2 22 patient to harm the patient or another person, the health care
2 23 provider may withhold the record and instead provide the
2 24 record to the patient's attorney or personal physician upon
2 25 the request of the patient. The bill requires the Iowa
2 26 department of public health to adopt rules to establish a
2 27 uniform fee which may be charged for duplication of the
2 28 records.
2 29 LSB 2735HH 78
2 30 pf/gg/8
Text: HF00399 Text: HF00401 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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