HB2175 - 532R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 12-351, Arizona Revised Statutes, is amended to read:

START_STATUTE12-351. Costs of compliance with subpoena for production of documentary evidence; payment by requesting party; definitions

A. All reasonable costs incurred in a civil action by a witness who is not a party to the action with respect to the production of documents pursuant to a subpoena for the production of documentary evidence shall be charged against the party requesting the subpoena if the witness submits an itemized statement to the requesting party stating the reproduction and clerical costs incurred by the witness.

B. If a subpoena is served to compel the production of documents and is subsequently withdrawn, quashed, modified or limited other than by the witness, the witness is entitled to reimbursement pursuant to subsection A of this section for all reasonable costs incurred in compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena has been withdrawn, quashed, modified or limited.

C. The requesting party is not required to pay the reasonable costs before the documents are available for delivery pursuant to the subpoena. The witness may demand payment of the reasonable costs simultaneously with actual delivery of the subpoenaed documents.

D. The requesting party may petition the court in which the action is pending to recover from the witness all or a part of the costs paid to the witness or to reduce all or a part of the costs charged by the witness pursuant to this section if these costs were excessive.

E. If the personal attendance of the witness is not required, the witness may only receive payment pursuant to this section.

F. This section does not apply to fees that a health care provider or contractor may charge for providing reproductions of medical records and payment records pursuant to section 12‑2295.

F. G. For the purposes of this section:

1. "Reasonable costs" means twenty‑five cents for each page of standard reproduction of documents and the actual costs for reproduction of documents that require special processing plus the reasonable clerical costs incurred in locating and making the documents available billed at the rate of twenty‑five dollars per hour per person.

2. "Requesting party" means a party requesting issuance of a subpoena for production of documentary evidence.

3. "Witness" means a person who is directed to produce documents by a subpoena for the production of documentary evidence. END_STATUTE

Sec. 2. Section 12-2295, Arizona Revised Statutes, is amended to read:

START_STATUTE12-2295. Charges; fee schedule; no cost reproductions; annual adjustment

A. Except as otherwise provided by law, a health care provider or contractor may charge a person who requests copies reproductions of medical records or payment records a reasonable fee for the production reproduction of the records pursuant to this section. Except as necessary for continuity of care, a health care provider or contractor may require the payment of any fees in advance.

B. A health care provider or contractor shall not charge for the pertinent information contained in medical records provided to:

1. Another health care provider for the purpose of providing continuing care to the patient to whom the medical record pertains.

2. The patient to whom the medical record pertains for the demonstrated purpose of obtaining health care.

3. The health care decision maker of the patient to whom the medical record pertains for the demonstrated purpose of obtaining health care for the patient.

4. The Arizona medical board, the board of osteopathic examiners in medicine and surgery or an officer of the department of health services or the local health department requesting records pursuant to section 36‑662.

C. Except for a patient who requests a reproduction of the patient's own medical records and payment records, the following fee schedule applies to searching, retrieving and providing reproductions of medical records and payment records to third parties pursuant to sections 12‑2294 and 12‑2294.01:

1. For medical records and payment records that are stored in paper format or in an electronic health record system and that are delivered to the requestor on paper or another tangible medium, including a compact disc, digital versatile disc or universal serial bus drive, the fee may not exceed the following plus the actual postage charges and all applicable taxes:

(a) __________ per page for the first fifty pages.

(b) __________ per page for fifty-one pages or more but less than one hundred pages.

2. For medical records and payment records that are stored in paper format and that are delivered to the requestor via e‑mail or through an internet portal, the per page fee is the same as in paragraph 1 of this subsection plus all applicable taxes.

3. For medical records and payment records that are stored in an electronic health record system and that are delivered to the requestor via e‑mail or through an internet portal, the per page fees are the same as in as in paragraph 1 of this subsection, but may not exceed __________, plus all applicable taxes.

4. For medical records and payment records that are stored on microfilm or microfiche, the fee may not exceed __________ per page plus any actual postage charges and all applicable taxes regardless of how the records are delivered to the requestor.

5. For reproductions of x-rays, films, slides and other images that are reproduced to a compact disc or digital versatile disc, the fee may not exceed __________ per compact disc or digital versatile disc plus the actual postage charges and all applicable taxes.

6. For tangible reproductions of x-rays, films, slides and other images, the fee may not exceed __________ per reproduction.

7. In addition to the fees prescribed in paragraphs 1 through 6 of this subsection, all requests for medical records and payment records incur a search and retrieval fee of not more than __________ per request.

8. In addition to the fees prescribed in paragraphs 1 through 7 of this subsection, a request to certify the reproduced medical records and payment records pursuant to section 12-2294.01, subsection D, paragraph 4 incurs a fee of __________.

D. If no medical records or payment records are located in response to a request made by a third party pursuant to sections 12‑2294 and 12‑2294.01, a fee that does not exceed __________ may be charged to the requestor for providing correspondence that the requested medical records and payment records were not located.

E. If the medical records and payment records that are requested by a third party are stored in both paper format and in an electronic health record system, the provider of the medical records and payment records shall provide an itemized invoice that specifies how each portion of the records are billed.

F. Notwithstanding subsection c of this section, a request by a third party for the reproduction of medical records and payment records that are necessary for a social security disability application or an appeal from a denial of benefits under title II, title XVI or title XVII of the social security act shall be reproduced in the manner requested free of charge if proof of the application or appeal is submitted to support the request, except that a second copy of the same records requested by the third party to support the same claim or appeal is not free of charge. The requestor of records may update the request for reproduction free of charge if no duplicate treatment dates are requested. Notwithstanding subsection D of this section, if no medical records or payment records are located in response to the third party's request, the requestor may not be charged for providing correspondence that the requested medical records and payment records do not exist.

G. Beginning January 1, 2020 and each year thereafter, the maximum fees allowed for providing medical records and payment records under subsections C and D of this section shall be adjusted based on the most recent changes to the consumer price index as published by the United States department of labor, bureau of labor statistics. END_STATUTE

Sec. 3. Effective date

This act is effective from and after December 31, 2018.