California Assembly Bill AB1337 Amended / Bill

 BILL NUMBER: AB 1337AMENDED BILL TEXT AMENDED IN SENATE JUNE 22, 2015 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,   provider or attorney, as defined,  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   that is maintained  electronically  , upon request  . 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  if the medical provider determines that the form is valid  . 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)  For purposes of this section, "medical provider and or employer" means 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.   (b)    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,  to  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 shall, upon presentation of the written authorization,     medical provider or employer, the medical provider or employer  promptly make all of the patient's records under  that person or entity's   the medical provider or employer's  custody or control available for inspection and copying by the attorney at law or his or her representative.  (b)   (c)  Copying of medical records shall not be performed by  any   a  medical provider or  employer described in subdivision (a),   employer,  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)   (d)  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   medical provider or employer  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)   (e)  (1) All reasonable costs incurred by  any person or entity described in subdivision (a)   a medical provider or employer  in making patient records available pursuant to this section may be charged against the  person whose written authorization required the availability of   attorney who requested  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)   (f)  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)   (g)  If  an electronic copy of  a medical record  is requested, the   requested pursuant to subdivision (b) is maintained electronically, a  medical provider  or employer described in subdivision (a), or an agent thereof,  shall  , upon request,  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.   in the format requested by the requesting party, or, if that format is unavailable, in another agreed-upon format.   (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)   (h)  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   if both of the following conditions are satisfied:   (1)     The medical provider determines that the form is valid.   (2)     The form 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   specified medical records to a designated  rec  ords to a designated rec  ipient. The medical  provider or   employer   shall   provider shall  not condition treatment, payment,  enrollment, or  e  nrollment, or e  ligibility for benefits on the  submission of   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  ________digital/CD, if available  .  ___Laboratory results dated from ________ to   ___Laboratory results dated.  ___  _____.   Laboratory results regarding specific test(s)   only (specify)________.  ___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  ___  _____   Mental health records  .  ___Alcohol or drug records dated from ________   to ________.   ___HIV test results dated from ________ to  ___  ____   Alcohol or drug records  .  ___HIV test results.  Method of delivery of requested records: ___Mail ___Pick up ___Electronic delivery  ,     recipient   email:________________  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.