ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

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HB2229: prisoners; medical records; family access

Sponsor: Representative Shah, LD 24

Committee on Judiciary

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) 

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8.                   HB 2229

9. Initials LC/DG                   Page 0 Judiciary

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