State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1169: medical record reproductions; fees; exception

PRIME SPONSOR: Senator Carter, LD 15

BILL STATUS: House Engrossed

                               

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteProhibits a healthcare provider or contractor from charging a patient or patient's legal representative for medical records requested to help appeal a denial of social security benefits.

History

A healthcare provider or contractor may charge a patient or patient's legal representative a reasonable fee for copies of the patient's medical records if requested for any reason other than to obtain healthcare (A.R.S. § 12-2295).

A healthcare provider must keep copies of a patient's medical records for at least six years after the patient last obtained medical services from the provider (A.R.S. § 12-2297).

Provisions

1.       Prohibits a healthcare provider or contractor from charging a patient or patient's legal representative for:

a.       Medical records related to an appeal of a denial of social security benefits, unless the patient already requested medical records in the same calendar year; and

b.       Duplicative requests for medical records if no records are located (Sec. 1).

2.       Requires a legal representative to provide the healthcare provider or contractor with a completed Form SSA-1696: Appointment of Representative to obtain free medical records for the purpose of appealing a denial of social security benefits (Sec. 1).

3.       Requires a licensed healthcare institution terminating operation to either send patients their medical records or transfer the records to a third-party entity.

a.       Permits the Department of Health Services (DHS) to deny a subsequent license for failure to comply.

b.       Prescribes a $10,000 civil penalty for failure to comply (Sec. 2).

4.       Specifies that a healthcare institution or third-party entity terminating operation must provide access to or copies of medical records upon the patient's or healthcare decision maker's request, in accordance with existing procedures (Sec. 2).

5.       Makes technical changes (Sec. 1).

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9.       Fifty-fourth Legislature                       SB 1169

10.   First Regular Session                            Version 3: House Engrossed

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