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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature Second Regular Session |
House: JUD DPA 9-1-0-0 |
HB2229: prisoners; medical records; family access
Sponsor: Representative Shah, LD 24
Caucus & COW
Overview
Allows prisoners to request that the Arizona Department of Corrections (ADC) release the prisoner's medical records to an immediate family member.
History
ADC may disclose a prisoner's records in cases in which a prisoner on authorized transfers is a patient in the state hospital (A.R.S. § 36-509).
ADC conditions the release of health record copies to outside parties upon:
1) receipt of a valid authorization from the inmate;
2) receipt of an authorization to release copies of medical records;
3) subpoena; or
4) receipt of a court order (ADC Medical Services Technical Manual § 8-2.1).
The party requesting information relating to an inmate's care must produce verifiable identification. The prisoner's medical information is to be used only for:
1) health care facilities or personnel requiring information in order to treat the inmate;
2) medical practitioners who have a legitimate or academic interest in the case;
3) insurance companies or others responsible for payment of treatment charges; or
4) the Industrial Commission, employers of patients or a legal representative of those employers filing an industrial injury claim (ADC Medical Services Technical Manual § 8-2.1).
Provisions
1.
Authorizes ADC to release a prisoner's
medical records to an immediate family member following the prisoner's request.
(Sec. 1)
2. Establishes that a family member authorized to receive a prisoner's medical records may submit a recommendation to ADC for the prisoner's medical treatment. (Sec. 1)
3. Specifies the recommendation must be from a medical professional who has recently reviewed the prisoner's medical records or has previously treated the prisoner. (Sec. 1)
4. Defines medical record to include any record maintained by ADC or a medical professional relating to medical treatment provided to the prisoner while in an ADC facility. (Sec. 1)
Amendments
Committee on Judiciary
1. Amends the short title to include releasing prisoner medical records to a designated individual.
2. Expands the release of a prisoner's medical record by ADC upon the prisoner's request to include a designated individual.
3. Specifies a prisoner's authorization to ADC to release the prisoner's medical record to the designated individuals must:
a) be in writing; and
b) include a release that complies with the privacy standards set by the Health Insurance Portability and Accountability Act.
4. States that ADC must provide the medical record within 15 calendar days after receiving the prisoner's authorization to release the medical record.
5. Establishes that ADC may charge a fee to copy and produce the prisoner's medical record.
6. Specifies that a medical treatment recommendation submitted by the designated individuals on behalf of the prisoner to ADC must be from a physician.
7. Specifies that ADC is not required to accept or implement the medical treatment recommendation.
8. Requires ADC to promptly submit the medical treatment recommendation to the department's contracted inmate healthcare vendor who determines if the recommendation is medically indicated.
9. Provides that a vendor must promptly place a written clinical explanation for a medical treatment recommendation determined not to be medically indicated in the prisoner's medical record.
10. Defines physician to mean a physician who holds an active license in good standing issued by any state.
11. Makes technical and conforming changes.
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15. HB 2229
16. Initials LC/DG Page 0 Caucus & COW
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