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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
prisoners; medical records; family access
Purpose
Allows prisoners to authorize the Arizona Department of Corrections, Rehabilitation and Re-entry (ADCRR) to release their medical records to an immediate family member or another designated individual, who may submit a recommendation for treatment to ADCRR on the prisoner's behalf.
Background
The ADCRR Medical Services Contract Monitoring Bureau (MSCMB) Technical Manual was created to provide technical and professional guidance for the delivery of quality health care within ADCRR facilities or supporting organizations. It is the responsibility of the ADCRR health services contract vendor, with oversight monitoring by the MSCMB, to ensure that adequate dental, medical, mental health, nursing, pharmaceutical, medical records, laboratory and x-ray services are available to the inmate population.
Inmate health records may be released by ADCRR upon receipt of a valid authorization from the inmate or released offender, an authorization to release copies of medical records, a validly served subpoena or a court order. When releasing information for an inmate's care, the requesting party must provide identification and verify that the information is to be used by: 1) the attending medical practitioner responsible for inmate care; 2) health care facilities requiring information in order to provide inmate treatment; 3) medical practitioners with a legitimate or academic interest in the case; 4) vendor medical staff or peer review committees responsible for monitoring and evaluating care in the health care setting; 5) insurance companies or other financially responsible parties; or 6) the Industrial Commission of Arizona (MSCMB).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows prisoners to authorize ADCRR to release their medical records to an immediate family member or a designated individual.
2. Requires the authorization to include a written release that complies with the Health Information Portability and Accountability Act.
3. Requires ADCRR, if authorized by a prisoner, to release the prisoner's medical record to a family member or other designated individual within 15 days of authorization.
4. Allows ADCRR to charge a fee to copy and produce prisoner medical records.
5. Authorizes a prisoner's immediate family member or designated individual to submit a recommendation for medical treatment to ADCRR on the prisoner's behalf.
6. Requires a recommendation for inmate medical treatment to be from a physician who has recently reviewed the prisoner's medical record or who has previously treated the prisoner for a medical condition.
7. Specifies that ADCRR is not required to accept or implement the recommendation but must promptly submit the recommendation to the contracted inmate healthcare vendor for clinical consideration and to determine if the recommendation is medically indicated.
8. Stipulates that, if a recommendation is not medically indicated, the vendor must promptly place a written clinical explanation for the decision in the prisoner's medical record.
9. Defines medical record as any medical record that is retained by ADCRR or a medical professional and that relates to medical treatment that was provided to the prisoner while in an ADCRR facility.
10. Defines physician as a physician who holds an active license in good standing by any state.
11. Becomes effective on the general effective date.
House Action
JUD 1/26/22 DPA 9-1-0-0
3rd Read 2/3/22 59-0-1
Prepared by Senate Research
February 28, 2022
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