Text: HF02342 Text: HF02344 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 147.25A INDIVIDUAL RECORD –
1 2 FEE.
1 3 1. For the purposes of this section, unless the context
1 4 otherwise requires, "health care provider" means a licensed or
1 5 certified professional who is subject to an examining board
1 6 and maintains a patient health record, a hospital licensed
1 7 under chapter 135B, a health care facility licensed under
1 8 chapter 135C, and a program or service regulated by the
1 9 department of public health, human services, or inspections
1 10 and appeals that maintains a patient health record.
1 11 2. A health care provider shall not charge a fee for a
1 12 copy of a patient health record in the provider's possession
1 13 that is requested by a patient or former patient or by an
1 14 attorney or other authorized representative of the patient or
1 15 former patient, for use in supporting an application for
1 16 workers' compensation or other disability benefits, for an
1 17 appeal relating to denial of workers' compensation or other
1 18 disability benefits, or for an appeal relating to denial of
1 19 benefits or assistance under any of the following:
1 20 a. Medical assistance under chapter 249A.
1 21 b. Title II of the federal Social Security Act.
1 22 c. Title XVI of the federal Social Security Act.
1 23 d. Title XVIII of the federal Social Security Act.
1 24 3. A health care provider may charge a fee for a copy of a
1 25 patient health record in the provider's possession that is
1 26 requested by a state or federal agency relating to a patient
1 27 or former patient's application for benefits or assistance
1 28 under subsection 2, paragraphs "a" through "d", or the
1 29 agency's appeal relating to denial of such benefits or
1 30 assistance.
1 31 4. A health care provider may charge a fee for a copy of a
1 32 patient health record in the provider's possession that is
1 33 requested by a patient or former patient or by an attorney or
1 34 other authorized representative of the patient or former
1 35 patient, for uses other than those specified in subsection 2.
2 1 5. The fee charged by a health care provider in accordance
2 2 with this section shall not exceed the maximum amount
2 3 established by the labor commissioner for payment to medical
2 4 providers for furnishing of duplicate medical records or
2 5 reports in association with workers' compensation cases.
2 6 However, a fee shall not be charged to any patient whose
2 7 annual income is less than one hundred percent of the federal
2 8 poverty level under the most recently revised guidelines
2 9 issued by the United States department of health and human
2 10 services.
2 11 EXPLANATION
2 12 This bill relates to fees charged for release of an
2 13 individual patient's health record.
2 14 New Code section 147.25A establishes the fee requirements
2 15 as part of the Code chapter of general provisions for health-
2 16 related professions. The bill applies to any health care
2 17 provider licensed or registered under that chapter who
2 18 maintains patient health records, hospitals, health care
2 19 facilities, and a program or service regulated by the
2 20 department of public health, human services, or inspections
2 21 and appeals that maintains a patient health record. The bill
2 22 prohibits a charge for a health record requested by a patient
2 23 or former patient or the attorney of the patient or former
2 24 patient who requests the record for use in supporting an
2 25 application or appeal for workers' compensation or other
2 26 disability benefits, or for appeals relating to denial of
2 27 benefits or other assistance under the medical assistance
2 28 program or various other programs under the federal Social
2 29 Security Act.
2 30 The bill sets a maximum fee for providing a patient health
2 31 record equal to the maximum amount established by the labor
2 32 commissioner for payment to medical providers for furnishing
2 33 of duplicate medical records or reports in association with
2 34 workers' compensation cases. However, a fee is not to be
2 35 charged to any patient whose annual income is less than 100
3 1 percent of the federal poverty level under the most recently
3 2 revised guidelines issued by the United States department of
3 3 health and human services.
3 4 LSB 6082HH 78
3 5 jp/cf/24
Text: HF02342 Text: HF02344 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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