California Assembly Bill AB1337 Amended / Bill

 BILL NUMBER: AB 1337AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 21, 2015 INTRODUCED BY Assembly Member Linder FEBRUARY 27, 2015 An act to amend Section 1158 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGEST AB 1337, as amended, Linder. Medical records: electronic delivery. Existing law requires certain enumerated medical providers and medical employers to make a patient's records available for inspection and copying by an attorney, or his or her representative, who presents a written authorization therefor, as specified. This bill would require a medical provider or employer, or an agent thereof, to provide an electronic copy of a medical record, when an electronic a copy is requested, if the medical record exists in digital or electronic format and the medical record can be delivered electronically.  The bill would also require a medical provider or employer to accept a prescribed authorization form once completed and signed by the patient, as specified, and would prohibit a medical provider or employer from conditioning   treatment, payment, enrollment, or eligibility for benefits on the submission of an authorization for the release of records.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1158 of the Evidence Code is amended to read: 1158. (a) Before the filing of any action or the appearance of a defendant in an action,  if  an attorney at law or his or her representative presents a written authorization therefor signed by an adult patient, by the guardian or conservator of his or her person or estate, or, in the case of a minor, by a parent or guardian of the minor, or by the personal representative or an heir of a deceased patient, or a copy thereof, a physician and surgeon, dentist, registered nurse, dispensing optician, registered physical therapist, podiatrist, licensed psychologist, osteopathic physician and surgeon, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, or pharmacist or pharmacy, duly licensed as such under the laws of the state, or a licensed  hospital,   hospital  shall  , upon   presentation of the written authorization, promptly  make all of the patient's records under that person or entity's custody or control available for inspection and copying by the attorney at law or his or her  representative, promptly upon the presentation of the written authorization.   representative.  (b) Copying of medical records shall not be performed by any medical provider or employer described in subdivision (a), or by an agent thereof, when the requesting attorney has employed a professional photocopier or anyone identified in Section 22451 of the Business and Professions Code as his or her representative to obtain or review the records on his or her behalf. The presentation of the authorization by the agent on behalf of the attorney shall be sufficient proof that the agent is the attorney's representative. (c) Failure to make the records available during business hours, within five days after the presentation of the written authorization, may subject the person or entity having custody or control of the records to liability for all reasonable expenses, including attorney' s fees, incurred in any proceeding to enforce this section. (d) (1) All reasonable costs incurred by any person or entity described in subdivision (a) in making patient records available pursuant to this section may be charged against the person whose written authorization required the availability of the records. (2) "Reasonable cost," as used in this section, shall include, but not be limited to, the following specific costs: ten cents ($0.10) per page for standard reproduction of documents of a size 81/2 by 14 inches or less; twenty cents ($0.20) per page for copying of documents from microfilm; actual costs for the reproduction of oversize documents or the reproduction of documents requiring special processing which are made in response to an authorization; reasonable clerical costs incurred in locating and making the records available to be billed at the maximum rate of sixteen dollars ($16) per hour per person, computed on the basis of four dollars ($4) per quarter hour or fraction thereof; actual postage charges; and actual costs, if any, charged to the witness by a third person for the retrieval and return of records held by that third person. (e) If the records are delivered to the attorney or the attorney's representative for inspection or photocopying at the record custodian's place of business, the only fee for complying with the authorization shall not exceed fifteen dollars ($15), plus actual costs, if any, charged to the record custodian by a third person for retrieval and return of records held offsite by the third person. (f) If an electronic copy of a medical record is requested, the medical provider or employer described in subdivision (a), or an agent thereof, shall provide an electronic copy of the requested medical record if the medical record exists in a digital or electronic format that can be delivered electronically.  (g) (1) A medical provider or employer described in subdivision (a) shall not condition treatment, payment, enrollment, or eligibility for benefits on the submission of an authorization form pursuant to subdivision (a).   (2) A medical provider or employer described in subdivision (a) shall accept a signed and completed authorization form for the disclosure of health information that is in substantially the following form:   AUTHORIZATION FOR DISCLOSURE OF HEALTH   INFORMATION PURSUANT TO EVIDENCE CODE SECTION 1158   The undersigned authorizes the medical provider   or employer designated below to disclose   specified medical records to a designated   recipient. The medical provider or employer shall   not condition treatment, payment, enrollment, or   eligibility for benefits on the submission of   this authorization.   Medical provider or employer: ________________   Patient name: ________________  Medical record number: ________________   Date of birth: ________________   Address: ________________   Telephone number: ________________   Email: ________________   Recipient name: ________________   Recipient address: ________________   Recipient telephone number: ________________   Recipient email: ________________   Health information requested (check all that   apply):   ___Records dated from ________ to ________.   ___Radiology records: ________ images or films   ________ reports.   ___Laboratory results dated from ________ to   ________.   ___All records.   ___Records related to a specific injury,   treatment, or other purpose (specify):   ________________.   Note: records may include information related to   mental health, alcohol or drug use, and HIV or   AIDS. However, treatment records from mental   health and alcohol or drug departments and   results of HIV tests will not be disclosed unless   specifically requested (check all that apply):   ___Mental health records dated from ________ to   ________.   ___Alcohol or drug records dated from ________ to   ________.   ___HIV test results dated from ________ to   _______.   Method of delivery of requested records:   ___Mail   ___Pick up   ___Electronic delivery   This authorization is effective for one year from   the date of the signature unless a different date   is specified here: ________________.   This authorization may be revoked upon written   request, but any revocation will not apply to   information disclosed before receipt of the   written request.   A copy of this authorization is as valid as the   original. The undersigned has the right to   receive a copy of this authorization.   Notice: Once the requested health information is   disclosed, any disclosure of the information by   the recipient may no longer be protected under   the federal Health Insurance Portability and   Accountability Act of 1996 (HIPAA).   Patient signature*: ________________   Date: ________________  Print name: ________________   *If not signed by the patient, please indicate   relationship to the patient (check one, if   applicable):   ___Parent or guardian of minor patient who could   not have consented to health care.   ___Guardian or conservator of an incompetent   patient.   ___Beneficiary or personal representative of   deceased patient.