Connecticut 2023 Regular Session

Connecticut Senate Bill SB00958 Compare Versions

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7-General Assembly Substitute Bill No. 958
5+General Assembly Raised Bill No. 958
86 January Session, 2023
7+LCO No. 3494
98
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10+Referred to Committee on PUBLIC HEALTH
11+
12+
13+Introduced by:
14+(PH)
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1419 AN ACT CONCERNING THE TIMELY TRANSFER OF MEDICAL
15-RECORDS BETWEEN HEALTH CARE INSTITUTIONS AND THE FEE
16-CHARGED FOR COPIES OF MEDICAL RECORDS.
20+RECORDS BETWEEN HEALTH CARE INSTITUTIONS.
1721 Be it enacted by the Senate and House of Representatives in General
1822 Assembly convened:
1923
2024 Section 1. (NEW) (Effective from passage) Each institution, as defined 1
21-in section 19a-490 of the general statutes, shall, upon receipt of a 2
22-patient-approved medical records request, transfer such patient's 3
23-medical records to another institution (1) immediately, if such request 4
24-is urgent, or (2) not later than two business days after such request is 5
25-made, if such request is not urgent. 6
26-Sec. 2. Subsection (d) of section 20-7c of the general statutes is 7
27-repealed and the following is substituted in lieu thereof (Effective from 8
28-passage): 9
29-(d) Upon a written request of a patient, a patient's attorney or 10
30-authorized representative, or pursuant to a written authorization, a 11
31-provider, except as provided in section 4-194, shall furnish to the 12
32-person making such request a copy of the patient's health record, 13
33-including but not limited to, bills, x-rays and copies of laboratory 14
34-reports, contact lens specifications based on examinations and final 15
35-contact lens fittings given within the preceding three months or such 16
36-longer period of time as determined by the provider but no longer 17
37-than six months, records of prescriptions and other technical 18 Substitute Bill No. 958
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44-information used in assessing the patient's health condition. No 19
45-provider shall refuse to return to a patient original records or copies of 20
46-records that the patient has brought to the provider from another 21
47-provider. When returning records to a patient, a provider may retain 22
48-copies of such records for the provider's file, provided such provider 23
49-does not charge the patient for the costs incurred in copying such 24
50-records. No provider or other party in possession or control of a 25
51-patient's medical records shall charge a patient, patient's attorney or 26
52-patient's authorized representative more than (1) sixty-five cents per 27
53-page, or (2) any patient rate amount or reasonable cost-based fee 28
54-promulgated under any federal or state law or regulation of 29
55-Connecticut state agencies or administrative guidance regarding such 30
56-law or regulation, whichever is less, regardless of whether such patient 31
57-rate amount or reasonable cost-based fee otherwise applies to requests 32
58-by a patient's attorney or patient's authorized representative, including 33
59-any research fees, handling fees or related costs, and the cost of first 34
60-class postage, if applicable, for furnishing a health record pursuant to 35
61-this subsection, except such provider may charge a patient the amount 36
62-necessary to cover the cost of materials for furnishing a copy of an x-37
63-ray, provided no such charge shall be made for furnishing a health 38
64-record or part thereof to a patient, a patient's attorney or authorized 39
65-representative if the record or part thereof is necessary for the purpose 40
66-of supporting a claim or appeal under any provision of the Social 41
67-Security Act or a claim or appeal for veterans' benefits under any 42
68-provision of Title 38 of the United States Code or chapter 506 and the 43
69-request is accompanied by documentation of the claim or appeal. A 44
70-provider shall furnish a health record requested pursuant to this 45
71-section within thirty days of the request. No health care provider, who 46
72-has purchased or assumed the practice of a provider who is retiring or 47
73-deceased, may refuse to return original records or copied records to a 48
74-patient who decides not to seek care from the successor provider. 49
75-When returning records to a patient who has decided not to seek care 50
76-from a successor provider, such provider may not charge a patient for 51
77-costs incurred in copying the records of the retired or deceased 52
78-provider. 53 Substitute Bill No. 958
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25+in section 19a-490 of the general statutes, shall, upon receipt of a patient-2
26+approved medical records request, transfer such patient's medical 3
27+records to another institution (1) immediately, if such request is urgent, 4
28+or (2) not later than twenty-four hours after such request is made, if such 5
29+request is not urgent. 6
8530 This act shall take effect as follows and shall amend the following
8631 sections:
8732
8833 Section 1 from passage New section
89-Sec. 2 from passage 20-7c(d)
9034
91-Statement of Legislative Commissioners:
92-In Section 2, "otherwise" was inserted before "applies" for clarity.
35+Statement of Purpose:
36+To require health care institutions to, upon receipt of a patient-approved
37+medical records request, transfer such patient's medical records to
38+another institution (1) immediately, if such request is urgent, or (2)
39+within twenty-four hours, if such request is not urgent. Raised Bill No. 958
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94-PH Joint Favorable Subst.
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43+LCO No. 3494 2 of 2
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45+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
46+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
47+underlined.]
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