Text: HF02018 Text: HF02020 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 135D.1 ACCESS TO HEALTH CARE 1 2 RECORDS. 1 3 1. DEFINITIONS. As used in this section, unless the 1 4 context otherwise requires: 1 5 a. "Authorization" means a written or printed document 1 6 signed by a patient or a patient's authorized representative 1 7 containing: 1 8 (1) A description of the health care records a health care 1 9 provider is authorized to produce. 1 10 (2) The patient's name, address, and date of birth. 1 11 (3) A designation of the person or entity authorized to 1 12 obtain copies of the health care records. 1 13 (4) A date or event upon which the authorization expires. 1 14 (5) If signed by a patient's authorized representative, 1 15 the authorized representative's name, address, telephone 1 16 number, and relationship or legal capacity in regard to the 1 17 patient. 1 18 (6) A statement setting forth the right of the person 1 19 signing the authorization to revoke it in writing. 1 20 b. "Authorized representative" means the person designated 1 21 in writing by the patient to obtain the health care records of 1 22 the patient or the person otherwise authorized by law to 1 23 obtain the health care records of the patient. 1 24 c. "Health care provider" means either of the following: 1 25 (1) A person licensed or certified under chapter 148, 1 26 148A, 148B, 148C, 148D, 148E, 149, 150, 150A, 151, 152, 152A, 1 27 152B, 152C, 152D, 152E, 153, 154, 154A, 154B, 154C, or 155A to 1 28 provide in this state professional health care service to an 1 29 individual during that individual's medical care, treatment, 1 30 or confinement. 1 31 (2) An institutional health facility as defined in section 1 32 135.61. 1 33 2. a. A health care provider shall furnish copies of a 1 34 patient's health care records to a patient, a patient's 1 35 authorized representative, or any other person authorized by 2 1 law to obtain or reproduce such records, within thirty days of 2 2 the receipt of the authorization, or the health care provider 2 3 shall notify the patient or the patient's authorized 2 4 representative of the reasons why copies are not available. 2 5 b. A health care provider may withhold copies of health 2 6 care records if the health care provider reasonably believes 2 7 that providing copies of the requested records will cause 2 8 substantial harm to the patient or another person. 2 9 c. A health care provider may condition the furnishing of 2 10 the patient's health care records to the patient, the 2 11 patient's authorized representative, or any other person or 2 12 entity authorized by law to obtain or reproduce such records, 2 13 upon the payment of charges not to exceed a fifteen dollar fee 2 14 for the cost of supplies and labor; and for copies of health 2 15 care records routinely duplicated on a standard photocopy 2 16 machine, fifty cents per page for the first two hundred fifty 2 17 pages and thirty-five cents per page for additional pages. A 2 18 health care provider may charge for the reasonable cost of all 2 19 duplications of health care record information that cannot be 2 20 routinely duplicated on a standard photocopy machine. 2 21 3. a. A health care provider, patient, authorized 2 22 representative, or any other entity authorized by law to 2 23 obtain or reproduce health care records may bring a judicial 2 24 claim or action to enforce the provisions of this section. 2 25 b. An action pursuant to this subsection shall include an 2 26 allegation that the party bringing the action has in good 2 27 faith conferred or attempted to confer with the other party 2 28 concerning the matter in dispute without court action. 2 29 c. Upon a showing that the failure to comply with this 2 30 section was without just cause or excuse, the court shall 2 31 award the costs of the action to the prevailing party and 2 32 order the records produced without cost or expense to the 2 33 prevailing party. 2 34 4. a. The Iowa department of public health shall adopt 2 35 and enforce rules consistent with this chapter that require 3 1 licensees of the department to furnish health care records to 3 2 patients or to their authorized representatives. To the 3 3 extent that the department determines that an administrative 3 4 disciplinary remedy is appropriate for violation of such 3 5 rules, that remedy is separate from and in addition to any 3 6 remedy provided under this chapter. 3 7 b. The examining boards provided for in sections 147.12 3 8 and 147.13 shall adopt and enforce rules consistent with this 3 9 chapter that require licensed or certified persons under 3 10 chapters 148, 148A, 148B, 148C, 148D, 148E, 149, 150, 150A, 3 11 151, 152, 152A, 152B, 152C, 152D, 152E, 153, 154, 154A, 154B, 3 12 154C, and 155A to furnish health care records to patients or 3 13 to their authorized representatives. To the extent that an 3 14 examining board determines that an administrative disciplinary 3 15 remedy is appropriate for violation of such rules, that remedy 3 16 is separate from and in addition to any remedy provided under 3 17 this chapter. 3 18 c. The EMS advisory council established in section 147A.2 3 19 may recommend to the Iowa department of public health rules 3 20 consistent with this chapter that require licensed or 3 21 certified persons under chapter 147A to furnish health care 3 22 records to patients or to their authorized representatives. 3 23 5. a. This chapter shall take precedence with regard to 3 24 the calculation of fees for copies of medical records over all 3 25 other contrary or conflicting provisions of law. 3 26 b. This chapter shall not take precedence with regard to 3 27 provisions of law that are more protective of a patient's 3 28 medical records and a patient's right to privacy and 3 29 confidentiality, including but not limited to chapters 141A 3 30 and 228. 3 31 Sec. 2. Section 622.10, subsection 3, paragraph d, Code 3 32 2003, is amended to read as follows: 3 33 d. Any physician or surgeon, physician assistant, advanced 3 34 registered nurse practitioner, or mental health professional 3 35 who provides records or consults with the counsel for the 4 1 adverse party shall be entitled to charge a reasonable fee for 4 2 production of the records, diagnostic imaging, and 4 3 consultation. Any party seeking consultation shall be 4 4 responsible for payment of all charges. The fee for copies of 4 5 any records shall bebased upon actual cost of production4 6 calculated according to section 135D.1. 4 7 EXPLANATION 4 8 This bill creates new Code chapter 135D regulating access 4 9 to medical records and costs for copies of the medical 4 10 records. 4 11 The bill provides that copies of a patient's health care 4 12 records shall be furnished within 30 days of receipt of 4 13 authorization to a patient or other person authorized to 4 14 obtain or reproduce the records, or the health care provider 4 15 shall explain why copies are not available. A health care 4 16 provider may withhold records if the provider reasonably 4 17 believes the records will cause substantial harm to the 4 18 patient or another person. 4 19 Copy costs are set by statute. Supplies and labor are not 4 20 to exceed $15. Photocopies are 50 cents per page for the 4 21 first 250 pages and 35 cents per additional page. Other types 4 22 of records that cannot be photocopied may be duplicated at a 4 23 reasonable fee. 4 24 The bill provides definitions for the terms 4 25 "authorization", "authorized representative", and "health care 4 26 provider". The bill also allows the Iowa department of public 4 27 health and the various health licensing boards to set separate 4 28 administrative penalties for violations of the new chapter. 4 29 The bill provides that Code section 135D.1 takes precedence 4 30 over all provisions of law with regard to copying costs for 4 31 medical records, but not with regard to confidentiality, 4 32 privacy, or other patient protection issues, including but not 4 33 limited to those provisions in Code chapters 141A and 228, 4 34 relating to medical information about HIV and mental health, 4 35 respectively. 5 1 A corresponding amendment is made to Code section 622.10 5 2 relating to copy costs during discovery in medical cases. The 5 3 language is changed to provide that copy costs will be 5 4 calculated according to new Code section 135D.1. 5 5 LSB 5036HH 80 5 6 jr/gg/14
Text: HF02018 Text: HF02020 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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