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General Assembly Raised Bill No. 1437
January Session, 2025
LCO No. 5580
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING REQUESTS FOR HEALTH RECORDS AND
THE FEES CHARGED FOR ACCESS TO SUCH RECORDS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-294f of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2025): 2
(a) An injured employee shall submit [himself] to an examination by 3
a reputable practicing physician or surgeon, at any time while claiming 4
or receiving compensation, upon the reasonable request of the employer 5
or at the direction of the administrative law judge. The examination 6
shall be performed to determine the nature of the injury and the 7
incapacity resulting from the injury. The physician or surgeon shall be 8
selected by the employer from an approved list of physicians and 9
surgeons prepared by the chairperson of the Workers' Compensation 10
Commission and shall be paid by the employer. At any examination 11
requested by the employer or directed by the administrative law judge 12
under this section, the injured employee shall be allowed to have in 13
attendance any reputable practicing physician or surgeon that the 14
employee obtains and [pays for himself] is paid for by the employee. 15
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The employee shall submit to all other physical examinations as 16
required by this chapter. The refusal of an injured employee to submit 17
[himself] to a reasonable examination under this section shall suspend 18
[his] the employee's right to compensation during such refusal. 19
(b) All medical reports concerning any injury of an employee 20
sustained in the course of [his] the employee's employment shall be 21
furnished [within] not later than thirty days after the completion of the 22
reports, at the same time and in the same manner, to the employer and 23
the employee or [his] the employee's attorney. 24
(c) The administrative law judge may penalize a practicing physician, 25
surgeon or a third-party vendor acting on behalf of such physician or 26
surgeon if a medical report is not furnished within thirty days of the 27
date of completion of the report. Penalties imposed by an administrative 28
law judge may include (1) issuance of written notification of 29
noncompliance in furnishing a medical report to the practicing 30
physician, surgeon or a third-party vendor acting on behalf of such 31
physician or surgeon, or (2) an order requiring a physician, surgeon or 32
third-party vendor to appear at a hearing to explain the reasons for not 33
furnishing the report in a timely fashion. If a practicing physician, 34
surgeon or a third-party vendor acting on behalf of such physician or 35
surgeon fails to appear for a hearing to explain the reasons for not 36
furnishing the report in a timely fashion, then the administrative law 37
judge may impose a fine not to exceed five hundred dollars payable to 38
the claimant. 39
Sec. 2. Section 19a-25g of the general statutes is repealed and the 40
following is substituted in lieu thereof (Effective October 1, 2025): 41
(a) Each institution, as defined in section 19a-490, except a facility 42
operated by the Department of Mental Health and Addiction Services 43
and the hospital and psychiatric residential treatment facility units of 44
the Albert J. Solnit Children's Center, shall, upon receipt of a medical 45
records request directed by the patient or the patient's representative, 46
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provide an electronic copy of such patient's medical records to another 47
such institution (1) as soon as feasible, but not later than six days after 48
such request is received by the institution, if such request is urgent, or 49
(2) not later than seven business days after such request is received, if 50
such request is not urgent. Notwithstanding any [other] provision of the 51
general statutes, an institution providing an electronic copy of a 52
patient's medical records pursuant to the provisions of this section shall 53
not be required to obtain specific written consent from such patient 54
before providing such electronic copy. 55
(b) (1) Each institution, as defined in section 19a-490, except a facility 56
operated by the Department of Mental Health and Addiction Services 57
and the hospital and psychiatric residential treatment facility units of 58
the Albert J. Solnit Children's Center, shall, upon receipt of a medical 59
records request directed by the patient or the patient's representative, 60
provide an electronic copy of such patient's medical records to the 61
patient's attorney not later than twenty-business days after such request 62
is received. Notwithstanding any provision of the general statutes, an 63
institution providing an electronic copy of a patient's medical records 64
pursuant to the provisions of this subsection shall not be required to 65
obtain specific written consent from such patient before providing such 66
electronic copy. 67
(2) Nothing in this subsection shall relieve a patient or the patient's 68
authorized representative, including the patient's attorney, from being 69
responsible to pay reasonable charges for copies of records as set forth 70
in section 19a-490b as may apply, provided the maximum charge for 71
records provided to a patient, the patient's attorney or the patient's 72
authorized representative shall be the greater of (A) the fees allowed 73
pursuant to 45 CFR 164.524(c)(4), or (B) two-hundred fifty dollars, plus 74
the costs of postage, if necessary, and reasonable costs for imaging 75
copies or materials described in subsection (a) of section 19a-490b. 76
[(b)] (c) The provisions of [subsection (a)] subsections (a) and (b) of 77
this section shall not be construed to require an institution to provide 78
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records (1) in violation of the Health Insurance Portability and 79
Accountability Act of 1996, P.L. 104-191, as amended from time to time, 80
or 45 CFR 160.101 to 45 CFR 164.534, inclusive, as amended from time 81
to time, (2) in response to a direct request from another health care 82
provider, unless such provider can validate that such provider has a 83
health provider relationship with the patient whose records are being 84
requested, or (3) in response to a third-party request. 85
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 31-294f
Sec. 2 October 1, 2025 19a-25g
Statement of Purpose:
To establish time and cost parameters relating to requests for copies of
health records.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]