Connecticut 2023 2023 Regular Session

Connecticut Senate Bill SB00958 Comm Sub / Bill

Filed 03/20/2023

                     
 
LCO    \\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00958-R01-
SB.docx  
1 of 3 
  
General Assembly  Substitute Bill No. 958  
January Session, 2023 
 
 
 
 
 
AN ACT CONCERNING THE TIMELY TRANSFER OF MEDICAL 
RECORDS BETWEEN HEALTH CARE INSTITUTIONS AND THE FEE 
CHARGED FOR COPIES OF MEDICAL RECORDS.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective from passage) Each institution, as defined 1 
in section 19a-490 of the general statutes, shall, upon receipt of a 2 
patient-approved medical records request, transfer such patient's 3 
medical records to another institution (1) immediately, if such request 4 
is urgent, or (2) not later than two business days after such request is 5 
made, if such request is not urgent. 6 
Sec. 2. Subsection (d) of section 20-7c of the general statutes is 7 
repealed and the following is substituted in lieu thereof (Effective from 8 
passage): 9 
(d) Upon a written request of a patient, a patient's attorney or 10 
authorized representative, or pursuant to a written authorization, a 11 
provider, except as provided in section 4-194, shall furnish to the 12 
person making such request a copy of the patient's health record, 13 
including but not limited to, bills, x-rays and copies of laboratory 14 
reports, contact lens specifications based on examinations and final 15 
contact lens fittings given within the preceding three months or such 16 
longer period of time as determined by the provider but no longer 17 
than six months, records of prescriptions and other technical 18  Substitute Bill No. 958 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00958-
R01-SB.docx }   
2 of 3 
 
information used in assessing the patient's health condition. No 19 
provider shall refuse to return to a patient original records or copies of 20 
records that the patient has brought to the provider from another 21 
provider. When returning records to a patient, a provider may retain 22 
copies of such records for the provider's file, provided such provider 23 
does not charge the patient for the costs incurred in copying such 24 
records. No provider or other party in possession or control of a 25 
patient's medical records shall charge a patient, patient's attorney or 26 
patient's authorized representative more than (1) sixty-five cents per 27 
page, or (2) any patient rate amount or reasonable cost-based fee 28 
promulgated under any federal or state law or regulation of 29 
Connecticut state agencies or administrative guidance regarding such 30 
law or regulation, whichever is less, regardless of whether such patient 31 
rate amount or reasonable cost-based fee otherwise applies to requests 32 
by a patient's attorney or patient's authorized representative, including 33 
any research fees, handling fees or related costs, and the cost of first 34 
class postage, if applicable, for furnishing a health record pursuant to 35 
this subsection, except such provider may charge a patient the amount 36 
necessary to cover the cost of materials for furnishing a copy of an x-37 
ray, provided no such charge shall be made for furnishing a health 38 
record or part thereof to a patient, a patient's attorney or authorized 39 
representative if the record or part thereof is necessary for the purpose 40 
of supporting a claim or appeal under any provision of the Social 41 
Security Act or a claim or appeal for veterans' benefits under any 42 
provision of Title 38 of the United States Code or chapter 506 and the 43 
request is accompanied by documentation of the claim or appeal. A 44 
provider shall furnish a health record requested pursuant to this 45 
section within thirty days of the request. No health care provider, who 46 
has purchased or assumed the practice of a provider who is retiring or 47 
deceased, may refuse to return original records or copied records to a 48 
patient who decides not to seek care from the successor provider. 49 
When returning records to a patient who has decided not to seek care 50 
from a successor provider, such provider may not charge a patient for 51 
costs incurred in copying the records of the retired or deceased 52 
provider. 53  Substitute Bill No. 958 
 
 
LCO    {\\PRDFS1\SCOUSERS\FORZANOF\WS\2023SB-00958-
R01-SB.docx }   
3 of 3 
 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage New section 
Sec. 2 from passage 20-7c(d) 
 
Statement of Legislative Commissioners:   
In Section 2, "otherwise" was inserted before "applies" for clarity. 
 
PH Joint Favorable Subst.