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General Assembly Substitute Bill No. 1437
January Session, 2025
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 Section 31-294f of the general statutes is repealed and the 1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
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 Substitute Bill No. 1437
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(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 to the 29
practicing physician, surgeon or a third-party vendor acting on behalf 30
of such physician or surgeon of noncompliance in furnishing a medical 31
report, or (2) an order requiring a physician, surgeon or third-party 32
vendor to appear at a hearing to explain the reasons for not furnishing 33
the report in a timely fashion. If a practicing physician, surgeon or a 34
third-party vendor acting on behalf of such physician or surgeon fails to 35
appear for a hearing to explain the reasons for not furnishing the report 36
in a timely fashion, then the administrative law judge may impose a fine 37
not to exceed five hundred dollars payable to the claimant. 38
Sec. 2. Section 19a-25g of the general statutes is repealed and the 39
following is substituted in lieu thereof (Effective October 1, 2025): 40
(a) Each institution, as defined in section 19a-490, except a facility 41
operated by the Department of Mental Health and Addiction Services 42
and the hospital and psychiatric residential treatment facility units of 43
the Albert J. Solnit Children's Center, shall, upon receipt of a medical 44
records request directed by the patient or the patient's representative, 45
provide an electronic copy of such patient's medical records to another 46
such institution (1) as soon as feasible, but not later than six days after 47
such request is received by the institution, if such request is urgent, or 48
(2) not later than seven business days after such request is received, if 49
such request is not urgent. Notwithstanding any [other] provision of the 50
general statutes, an institution providing an electronic copy of a 51
patient's medical records pursuant to the provisions of this section shall 52 Substitute Bill No. 1437
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not be required to obtain specific written consent from such patient 53
before providing such electronic copy. 54
(b) (1) Each institution, as defined in section 19a-490, except a facility 55
operated by the Department of Mental Health and Addiction Services 56
and the hospital and psychiatric residential treatment facility units of 57
the Albert J. Solnit Children's Center, shall, upon receipt of a medical 58
records request directed by the patient or the patient's representative, 59
provide an electronic copy of such patient's medical records to the 60
patient's attorney not later than twenty business days after such request 61
is received. Notwithstanding any provision of the general statutes, an 62
institution providing an electronic copy of a patient's medical records 63
pursuant to the provisions of this subsection shall not be required to 64
obtain specific written consent from such patient before providing such 65
electronic copy. 66
(2) Nothing in this subsection shall relieve a patient or the patient's 67
authorized representative, including the patient's attorney, from being 68
responsible to pay reasonable charges for copies of records as set forth 69
in section 19a-490b as may apply, provided the maximum charge for 70
records provided to a patient, the patient's attorney or the patient's 71
authorized representative shall be the greater of (A) the fees allowed 72
pursuant to 45 CFR 164.524(c)(4), or (B) two hundred fifty dollars, plus 73
the costs of postage, if necessary, and reasonable costs for imaging 74
copies or materials described in subsection (a) of section 19a-490b. 75
Payment for copies of records provided pursuant to this section is due 76
after the receipt of such records by the patient, the patient's attorney or 77
the patient's authorized representative. 78
[(b)] (c) The provisions of [subsection (a)] subsections (a) and (b) of 79
this section shall not be construed to require an institution to provide 80
records (1) in violation of the Health Insurance Portability and 81
Accountability Act of 1996, P.L. 104-191, as amended from time to time, 82
or 45 CFR 160.101 to 45 CFR 164.534, inclusive, as amended from time 83
to time, (2) in response to a direct request from another health care 84
provider, unless such provider can validate that such provider has a 85 Substitute Bill No. 1437
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health provider relationship with the patient whose records are being 86
requested, or (3) in response to a third-party request. 87
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 Legislative Commissioners:
The provisions of Section 1(c)(1) were restructured for clarity.
JUD Joint Favorable Subst.