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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
prisoners; medical records; family access
Purpose
Requires the Arizona Department of Corrections, Rehabilitation and Reentry (ADCRR), after receiving written authorization from a prisoner, to release the prisoner's medical records within 15 calendar days to an immediate family member or designated individual.
Background
The Director of ADCRR (Director) must hold in custody all persons who are sentenced to ADCRR under the law and must hold such persons for the term directed by the court, subject to law. The Director must provide medical and health services for the prisoners and may contract for professional services to assist in carrying out this responsibility on behalf of the state, except that all records made and retained in connection with the services provided must be made and retained only by duly authorized or qualified medical and professional personnel and not by any prisoner. Such records, when not in use, must be retained in a safe and secure place. Prior to or at the same time a prisoner is transferred from an ADCRR facility to a county jail facility, a copy of the prisoner's ADCRR medical record file, including the prisoner's mental health file, or a standardized medical record summary must be transferred (A.R.S. §§ 31-201.01 and 31-224).
A health care provider may deny a request for access to or copies of medical records or payment records if the health care provider is a correctional institution or is acting under the direction of a correctional institution and access by a patient who is an inmate in the correctional institution would jeopardize the health, safety, security, custody or rehabilitation of the patient or other inmates or the safety of any officer, employee or other person at the correctional institution or of a person who is responsible for transporting the inmate. If the health care provider denies a request for access to or copies of the medical records or payment records, the health care provider must note this determination in the patient's records and provide to the patient or the patient's health care decision maker a written explanation of the reason for the denial of access (A.R.S. § 12-2293).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a prisoner to authorize ADCRR to release the prisoner's medical records to an immediate family member or a designated individual.
2. Specifies that the authorization must:
a) be in writing on a form prescribed by ADCRR; and
b) include a release that complies with the Health Insurance Portability and Accountability Act.
3. Requires ADCRR, if authorized, to provide the prisoner's medical records to an immediate family member or a designated individual within 15 calendar days of receiving the authorization.
4. Allows ADCRR to charge a fee to copy and produce the medical record unless the medical record is produced electronically.
5. 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.
6. Becomes effective on the general effective date.
House Action
MAPS 2/13/23 DP 14-0-0-1
3rd Read 2/28/23 31-28-1
Prepared by Senate Research
March 27, 2023
ZD/KS/sr