Connecticut 2025 Regular Session

Connecticut Senate Bill SB01437 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO 1 of 4
	3	+	LCO No. 5580 1 of 4
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5		-	General Assembly ~~Substitute~~ Bill No. 1437
	5	+	General Assembly Raised Bill No. 1437
6	6		January Session, 2025
	7	+	LCO No. 5580
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	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
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12	19		AN ACT CONCERNING REQUESTS FOR HEALTH RECORDS AND
13	20		THE FEES CHARGED FOR ACCESS TO SUCH RECORDS.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Section 31-294f of the general statutes is repealed and the 1
18	25		following is substituted in lieu thereof (Effective October 1, 2025): 2
19	26		(a) An injured employee shall submit [himself] to an examination by 3
20	27		a reputable practicing physician or surgeon, at any time while claiming 4
21	28		or receiving compensation, upon the reasonable request of the employer 5
22	29		or at the direction of the administrative law judge. The examination 6
23	30		shall be performed to determine the nature of the injury and the 7
24	31		incapacity resulting from the injury. The physician or surgeon shall be 8
25	32		selected by the employer from an approved list of physicians and 9
26	33		surgeons prepared by the chairperson of the Workers' Compensation 10
27	34		Commission and shall be paid by the employer. At any examination 11
28	35		requested by the employer or directed by the administrative law judge 12
29	36		under this section, the injured employee shall be allowed to have in 13
30	37		attendance any reputable practicing physician or surgeon that the 14
31	38		employee obtains and [pays for himself] is paid for by the employee. 15
	39	+	Raised Bill No. 1437
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	41	+
	42	+
	43	+	LCO No. 5580 2 of 4
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32	45		The employee shall submit to all other physical examinations as 16
33	46		required by this chapter. The refusal of an injured employee to submit 17
34	47		[himself] to a reasonable examination under this section shall suspend 18
35		-	[his] the employee's right to compensation during such refusal. 19 Substitute Bill No. 1437
36		-
37		-
38		-	LCO 2 of 4
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	48	+	[his] the employee's right to compensation during such refusal. 19
40	49		(b) All medical reports concerning any injury of an employee 20
41	50		sustained in the course of [his] the employee's employment shall be 21
42	51		furnished [within] not later than thirty days after the completion of the 22
43	52		reports, at the same time and in the same manner, to the employer and 23
44	53		the employee or [his] the employee's attorney. 24
45	54		(c) The administrative law judge may penalize a practicing physician, 25
46	55		surgeon or a third-party vendor acting on behalf of such physician or 26
47	56		surgeon if a medical report is not furnished within thirty days of the 27
48	57		date of completion of the report. Penalties imposed by an administrative 28
49		-	law judge may include (1) issuance of written notification to the 29
50		-	practicing physician, surgeon or a third-party vendor acting on behalf 30
51		-	of such physician or surgeon of noncompliance in furnishing a medical 31
52		-	report, or (2) an order requiring a physician, surgeon or third-party 32
53		-	vendor to appear at a hearing to explain the reasons for not furnishing 33
54		-	the report in a timely fashion. If a practicing physician, surgeon or a 34
55		-	third-party vendor acting on behalf of such physician or surgeon fails to 35
56		-	appear for a hearing to explain the reasons for not furnishing the report 36
57		-	in a timely fashion, then the administrative law judge may impose a fine 37
58		-	not to exceed five hundred dollars payable to the claimant. 38
59		-	Sec. 2. Section 19a-25g of the general statutes is repealed and the 39
60		-	following is substituted in lieu thereof (Effective October 1, 2025): 40
61		-	(a) Each institution, as defined in section 19a-490, except a facility 41
62		-	operated by the Department of Mental Health and Addiction Services 42
63		-	and the hospital and psychiatric residential treatment facility units of 43
64		-	the Albert J. Solnit Children's Center, shall, upon receipt of a medical 44
65		-	records request directed by the patient or the patient's representative, 45
66		-	provide an electronic copy of such patient's medical records to another 46
67		-	such institution (1) as soon as feasible, but not later than six days after 47
68		-	such request is received by the institution, if such request is urgent, or 48
69		-	(2) not later than seven business days after such request is received, if 49
70		-	such request is not urgent. Notwithstanding any [other] provision of the 50
71		-	general statutes, an institution providing an electronic copy of a 51
72		-	patient's medical records pursuant to the provisions of this section shall 52 Substitute Bill No. 1437
	58	+	law judge may include (1) issuance of written notification of 29
	59	+	noncompliance in furnishing a medical report to the practicing 30
	60	+	physician, surgeon or a third-party vendor acting on behalf of such 31
	61	+	physician or surgeon, or (2) an order requiring a physician, surgeon or 32
	62	+	third-party vendor to appear at a hearing to explain the reasons for not 33
	63	+	furnishing the report in a timely fashion. If a practicing physician, 34
	64	+	surgeon or a third-party vendor acting on behalf of such physician or 35
	65	+	surgeon fails to appear for a hearing to explain the reasons for not 36
	66	+	furnishing the report in a timely fashion, then the administrative law 37
	67	+	judge may impose a fine not to exceed five hundred dollars payable to 38
	68	+	the claimant. 39
	69	+	Sec. 2. Section 19a-25g of the general statutes is repealed and the 40
	70	+	following is substituted in lieu thereof (Effective October 1, 2025): 41
	71	+	(a) Each institution, as defined in section 19a-490, except a facility 42
	72	+	operated by the Department of Mental Health and Addiction Services 43
	73	+	and the hospital and psychiatric residential treatment facility units of 44
	74	+	the Albert J. Solnit Children's Center, shall, upon receipt of a medical 45
	75	+	records request directed by the patient or the patient's representative, 46
	76	+	Raised Bill No. 1437
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75		-	LCO 3 of 4
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77		-	not be required to obtain specific written consent from such patient 53
78		-	before providing such electronic copy. 54
79		-	(b) (1) Each institution, as defined in section 19a-490, except a facility 55
80		-	operated by the Department of Mental Health and Addiction Services 56
81		-	and the hospital and psychiatric residential treatment facility units of 57
82		-	the Albert J. Solnit Children's Center, shall, upon receipt of a medical 58
83		-	records request directed by the patient or the patient's representative, 59
84		-	provide an electronic copy of such patient's medical records to the 60
85		-	patient's attorney not later than twenty business days after such request 61
86		-	is received. Notwithstanding any provision of the general statutes, an 62
87		-	institution providing an electronic copy of a patient's medical records 63
88		-	pursuant to the provisions of this subsection shall not be required to 64
89		-	obtain specific written consent from such patient before providing such 65
90		-	electronic copy. 66
91		-	(2) Nothing in this subsection shall relieve a patient or the patient's 67
92		-	authorized representative, including the patient's attorney, from being 68
93		-	responsible to pay reasonable charges for copies of records as set forth 69
94		-	in section 19a-490b as may apply, provided the maximum charge for 70
95		-	records provided to a patient, the patient's attorney or the patient's 71
96		-	authorized representative shall be the greater of (A) the fees allowed 72
97		-	pursuant to 45 CFR 164.524(c)(4), or (B) two hundred fifty dollars, plus 73
98		-	the costs of postage, if necessary, and reasonable costs for imaging 74
99		-	copies or materials described in subsection (a) of section 19a-490b. 75
100		-	Payment for copies of records provided pursuant to this section is due 76
101		-	after the receipt of such records by the patient, the patient's attorney or 77
102		-	the patient's authorized representative. 78
103		-	[(b)] (c) The provisions of [subsection (a)] subsections (a) and (b) of 79
104		-	this section shall not be construed to require an institution to provide 80
105		-	records (1) in violation of the Health Insurance Portability and 81
106		-	Accountability Act of 1996, P.L. 104-191, as amended from time to time, 82
107		-	or 45 CFR 160.101 to 45 CFR 164.534, inclusive, as amended from time 83
108		-	to time, (2) in response to a direct request from another health care 84
109		-	provider, unless such provider can validate that such provider has a 85 Substitute Bill No. 1437
	80	+	LCO No. 5580 3 of 4
	81	+
	82	+	provide an electronic copy of such patient's medical records to another 47
	83	+	such institution (1) as soon as feasible, but not later than six days after 48
	84	+	such request is received by the institution, if such request is urgent, or 49
	85	+	(2) not later than seven business days after such request is received, if 50
	86	+	such request is not urgent. Notwithstanding any [other] provision of the 51
	87	+	general statutes, an institution providing an electronic copy of a 52
	88	+	patient's medical records pursuant to the provisions of this section shall 53
	89	+	not be required to obtain specific written consent from such patient 54
	90	+	before providing such electronic copy. 55
	91	+	(b) (1) Each institution, as defined in section 19a-490, except a facility 56
	92	+	operated by the Department of Mental Health and Addiction Services 57
	93	+	and the hospital and psychiatric residential treatment facility units of 58
	94	+	the Albert J. Solnit Children's Center, shall, upon receipt of a medical 59
	95	+	records request directed by the patient or the patient's representative, 60
	96	+	provide an electronic copy of such patient's medical records to the 61
	97	+	patient's attorney not later than twenty-business days after such request 62
	98	+	is received. Notwithstanding any provision of the general statutes, an 63
	99	+	institution providing an electronic copy of a patient's medical records 64
	100	+	pursuant to the provisions of this subsection shall not be required to 65
	101	+	obtain specific written consent from such patient before providing such 66
	102	+	electronic copy. 67
	103	+	(2) Nothing in this subsection shall relieve a patient or the patient's 68
	104	+	authorized representative, including the patient's attorney, from being 69
	105	+	responsible to pay reasonable charges for copies of records as set forth 70
	106	+	in section 19a-490b as may apply, provided the maximum charge for 71
	107	+	records provided to a patient, the patient's attorney or the patient's 72
	108	+	authorized representative shall be the greater of (A) the fees allowed 73
	109	+	pursuant to 45 CFR 164.524(c)(4), or (B) two-hundred fifty dollars, plus 74
	110	+	the costs of postage, if necessary, and reasonable costs for imaging 75
	111	+	copies or materials described in subsection (a) of section 19a-490b. 76
	112	+	[(b)] (c) The provisions of [subsection (a)] subsections (a) and (b) of 77
	113	+	this section shall not be construed to require an institution to provide 78
	114	+	Raised Bill No. 1437
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112		-	LCO 4 of 4
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114		-	health provider relationship with the patient whose records are being 86
115		-	requested, or (3) in response to a third-party request. 87
	118	+	LCO No. 5580 4 of 4
	119	+
	120	+	records (1) in violation of the Health Insurance Portability and 79
	121	+	Accountability Act of 1996, P.L. 104-191, as amended from time to time, 80
	122	+	or 45 CFR 160.101 to 45 CFR 164.534, inclusive, as amended from time 81
	123	+	to time, (2) in response to a direct request from another health care 82
	124	+	provider, unless such provider can validate that such provider has a 83
	125	+	health provider relationship with the patient whose records are being 84
	126	+	requested, or (3) in response to a third-party request. 85
116	127		This act shall take effect as follows and shall amend the following
117	128		sections:
118	129
119	130		Section 1 October 1, 2025 31-294f
120	131		Sec. 2 October 1, 2025 19a-25g
121	132
122		-	Statement of Legislative Commissioners:
123		-	The provisions of Section 1(c)(1) were restructured for clarity.
	133	+	Statement of Purpose:
	134	+	To establish time and cost parameters relating to requests for copies of
	135	+	health records.
124	136
125		-	JUD Joint Favorable Subst.
	137	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	138	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	139	+	underlined.]
126	140