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AN ACT relating to patient medical records. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 422.317 is amended to read as follows: 3
(1) A party requesting a patient's record from a health care provider shall be 4
responsible to the health care provider for the reasonable costs of copying and 5
mailing such patient's records. Excluding records requested involving any type of 6
claim filed pursuant to KRS Chapter 342, reasonable costs shall not exceed 7
twenty dollars ($20) for medical records five (5) pages or less in length and one 8
dollar ($1) per page for each page copied after the first five (5) pages and the 9
actual cost of mailing. 10
(2) Third party providers of record copying and related services shall be subject to 11
the reasonable cost limits in this section. A health care provider shall not charge 12
a fee for copying or notarizing a medical record when requested by a 13
governmental agency in order to investigate a complaint against the health care 14
provider or related to any governmental inspection or survey. 15
(3) Payment of such costs may be required by the provider prior to the records being 16
furnished. Upon payment of the costs described in this section, the patient or a 17
patient's authorized representative shall have the right to receive the medical 18
records without delay. 19
(4) A provider or a third party of record copying and related services shall consider 20
waiving or reducing the charges for the first copy of a patient's medical record if 21
the patient attests, in writing, that the records are requested for his or her own 22
use, and the charges will cause an undue financial hardship upon the 23
patient[Upon a patient's written request, a hospital licensed under KRS Chapter 24
216B or a health care provider shall provide, without charge to the patient, a copy 25
of the patient's medical record. A copying fee, not to exceed one dollar ($1) per 26
page, may be charged by the health care provider for furnishing a second copy of 27 UNOFFICIAL COPY 23 RS BR 870
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the patient's medical record upon request either by the patient or the patient's 1
attorney or the patient's authorized representative]. 2
(5)[(2)] The Department of Corrections shall not be considered as a health care 3
provider under this section; however, the department may make medical records of 4
an individual inmate available to that individual inmate unless the department, 5
through its designee, determines that the provision of the record is subject to the 6
provisions of KRS 197.025. 7