| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on Public Health |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (PH) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING PATIENT ACCESS TO RECORDS MAINTAINED BY HEALTH CARE INSTITUTIONS. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Section 19a-490b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) Upon the written request of a patient or the patient's attorney or authorized representative, or pursuant to a written authorization, an institution licensed pursuant to this chapter shall furnish to the person making such request a copy of the patient's health record, or upon such person's request, allow an on-site examination of the record, including, but not limited to, copies of bills, laboratory reports, prescriptions and other technical information used in assessing the patient's health condition. In addition, an institution shall provide the patient or the patient's designated health care provider with a reasonable opportunity to examine retained tissue slides and retained pathology tissue blocks. Upon the written request of the patient, the patient's attorney or the patient's designated health care provider, an institution shall send the original retained tissue slide or original retained tissue block directly to the patient's designated licensed institution, laboratory or physician. If the original slide or block is not available or if a new section cut of the original slide or block is a fair representation of the original slide or block, then the institution may send the new section cut, which is clearly labeled as a new section cut, to the patient's designated health care provider. Any patient or the patient's attorney or authorized representative who is provided with an original retained slide, tissue block or a new section under the provisions of this subsection shall be solely responsible for safeguarding and returning the slide, block or new section to the institution. Any institution or laboratory that has released an original slide, an original tissue block or new section pursuant to the provisions of this subsection shall not be subject to any liability arising out of releasing or not retaining the slide, block or new section and no cause of action for damages shall arise against any such institution for releasing or not retaining the slide, block or new section. No such institution shall charge more than sixty-five cents per page, including any research fees, clerical fees, handling fees or related costs, and the cost of first class postage, if applicable, for furnishing or providing access to a health record pursuant to this subsection, except such an institution may charge the amount necessary to cover its cost of materials for furnishing a copy of an x-ray or for furnishing an original retained slide, an original tissue block or a new section cut from a retained pathology tissue block. For purposes of this subsection, "health care provider" means an institution or laboratory licensed under this chapter or licensed in the state where located or a physician licensed under chapter 370 or licensed in the state where located. |
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| 31 | 31 | | |
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| 32 | 32 | | (b) [No institution licensed pursuant to this chapter shall charge for furnishing a health record or part thereof to a patient, his attorney or conservator if the record or part thereof is necessary for the purpose of supporting a claim or appeal under any provision of the Social Security Act and the request for the records is accompanied by documentation of the claim or appeal.] An institution shall furnish the requested record [within] or allow an on-site examination of the record not later than thirty days after the date of the request, unless the request was received [in] less than thirty days [subsequent to] after the date [the patient was discharged] of the patient's discharge, in which case the institution shall furnish the requested record upon its completion. |
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| 33 | 33 | | |
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| 34 | 34 | | (c) Each institution licensed pursuant to this chapter shall maintain information regarding each patient's status as a veteran, as defined in subsection (a) of section 27-103. Said information shall be made available, upon request, to any duly authorized representative of the Department of Veterans' Affairs. |
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| 35 | 35 | | |
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| 36 | 36 | | (d) No institution may deny a person the records available under subsection (a) of this section because of the person's inability to pay the required fees. An affidavit from such person attesting to an inability to pay such fees shall be presumptive evidence thereof. |
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| 37 | 37 | | |
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| 38 | 38 | | (e) No institution licensed pursuant to this chapter shall charge for furnishing a health record or part thereof to a patient, the patient's attorney or conservator, if the record or part thereof is necessary for the purpose of supporting a claim or appeal under any provision of the Social Security Act and the request for the record is accompanied by documentation of the claim or appeal. |
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| 39 | 39 | | |
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| 40 | 40 | | [(e)] (f) Each institution licensed pursuant to this chapter that ceases to operate shall, at the time it relinquishes its license to the department, provide to the department a certified document specifying: (1) The location at which patient health records will be stored; (2) the procedure that has been established for patients, former patients or their authorized representatives to secure access to such health records; (3) provisions for storage, should the storage location cease to operate or change ownership; and (4) that the department is authorized to enforce the certified document should the storage location cease to operate or change ownership. An institution that fails to comply with the terms of a certified document provided to the department in accordance with this subsection shall be assessed a civil penalty not to exceed one hundred dollars per day for each day of noncompliance with the terms of the certified agreement. |
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| 41 | 41 | | |
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| 42 | 42 | | (g) A patient, or person designated to act on behalf of such patient, who is aggrieved by the failure of an institution to comply with the provisions of this section, may file a written complaint with the Department of Public Health setting forth the facts that are alleged to constitute a violation of the provisions of this section. Not later than thirty days after the date of receipt of such complaint, the Commissioner of Public Health shall conduct a hearing in accordance with the provisions of chapter 54 on the allegations set forth in the complaint. The commissioner shall provide reasonable notice of the hearing date to the complainant and the institution. If after such hearing the commissioner finds that there has been a substantial failure by the institution to comply with the requirements of this section, the commissioner shall order that the record be disclosed to the complainant not later than five calendar days after the date of the commissioner's written decision. The commissioner's written decision shall be a final decision for the purposes of chapter 54. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section. In adopting such regulations, the commissioner shall give due consideration to other state laws governing access to medical records, possible defenses for failing to provide access to medical records, as well as federal law requirements, including those set forth in the Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended from time to time. |
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| 43 | 43 | | |
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| 44 | 44 | | |
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| 45 | 45 | | |
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| 46 | 46 | | |
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| 47 | 47 | | This act shall take effect as follows and shall amend the following sections: |
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| 48 | 48 | | Section 1 October 1, 2011 19a-490b |
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| 49 | 49 | | |
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| 50 | 50 | | This act shall take effect as follows and shall amend the following sections: |
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| 51 | 51 | | |
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| 52 | 52 | | Section 1 |
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| 53 | 53 | | |
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| 54 | 54 | | October 1, 2011 |
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| 55 | 55 | | |
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| 56 | 56 | | 19a-490b |
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| 57 | 57 | | |
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| 58 | 58 | | |
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| 59 | 59 | | |
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| 60 | 60 | | PH Joint Favorable |
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| 61 | 61 | | APP Joint Favorable |
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