Arizona 2022 2022 Regular Session

Arizona House Bill HB2229 Comm Sub / Analysis

Filed 01/24/2022

                     
  	HB 2229 
Initials LC/DG  	Page 1 	Judiciary 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
 
 
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)   
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note