HLS 10RS-509 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2010
HOUSE BILL NO. 1159
BY REPRESENTATIVE GREENE
HEALTH CARE/RECORDS: Provides relative to fees paid for copying medical records
AN ACT1
To amend and reenact R.S. 40:1299.96(A)(2)(b), relative to charges for health care records;2
to provide for the fees charged for copying records; to prohibit additional charges3
for providing copies of records; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:1299.96(A)(2)(b) is hereby amended and reenacted to read as6
follows: 7
ยง1299.96. Health care information; records8
A.9
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(2)11
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(b)(i) Except as provided in R.S. 44:17, a patient or his legal representative,13
or in the case of a deceased patient, the executor of his will, the administrator of his14
estate, the surviving spouse, the parents, or the children of the deceased patient, or15
after a claim has been made, the insurance company or its counsel, or, after suit has16
been instituted, defense counsel or a defendant seeking any treatment record,17
including but not limited to any medical, hospital, invoice or billing statement, or18
other record relating to or generated as a result of or in connection to the patient's19
medical treatment, history, or condition, either personally or through an attorney,20 HLS 10RS-509 ORIGINAL
HB NO. 1159
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shall have a right to obtain a copy of such record the entirety of the records in the1
form by which they are generated upon furnishing a signed authorization. If the2
original treatment records are generated in paper form, copies shall be provided and3
upon payment of a reasonable copying charge, not to exceed one dollar per page for4
the first twenty-five pages, fifty cents per page for twenty-six to five hundred pages,5
and twenty-five cents per page thereafter, a handling charge not to exceed fifteen6
dollars for hospitals, nursing homes, and other health care providers, and actual7
postage. If treatment records are requested in original format, which is not paper8
form but includes any digital format, treatment records shall be provided upon the9
payment of the actual cost incurred to generate the copy, a handling charge not to10
exceed fifteen dollars and actual postage. If requested, the health care provider shall11
provide the requestor, at no extra charge, a certification page setting forth the extent12
of the completeness of records on file. In the event a hospital record is not complete,13
the copy of the records furnished shall indicate, through a stamp, coversheet, or14
otherwise, the extent of completeness of the records by dates of treatment. Each15
request for records submitted by the patient or other person authorized to request16
records pursuant to the provisions of this Subparagraph shall be subject to only one17
handling charge, and the health care provider shall not divide the separate requests18
for different types of records. The health care provider shall not charge any other fee19
which is not specifically authorized by the provisions of this Subparagraph.20
(ii) The individuals named herein authorized to obtain medical records21
pursuant to Item (i) of this Subparagraph shall also have the right to obtain copies of22
patient X-rays, microfilm, and electronic and imaging media, upon payment of23
reasonable the actual reproduction costs and a handling charge of twenty dollars for24
hospitals and ten dollars for other health care providers. If requested, the health care25
provider shall provide the requestor, at no extra charge, a certification page setting26
forth the completeness of the X-rays, microfilm, and electronic and imaging media27
on file. In the event a hospital record is hospital patient X-rays, microfilm, and28
electronic and imaging media are not complete, the copy of the records furnished29 HLS 10RS-509 ORIGINAL
HB NO. 1159
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hereunder may copies furnished shall indicate, through a stamp, coversheet, or1
otherwise, that the record is incomplete the extent of the completeness of the records2
by dates of treatment. Each request for copies of patient X-rays, microfilm, and3
electronic and imaging media submitted by the patient or other person authorized to4
request records pursuant to Item (i) of this Subparagraph shall not be considered a5
separate request and are subject to only one handling charge, and the health care6
provider shall not divide the requests for different types of X-rays, microfilm, and7
electronic and imaging media. The health care provider shall not charge any other8
fee which is not specifically authorized by the provisions of this Subparagraph.9
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Greene HB No. 1159
Abstract: Specifies that only existing statutorily authorized fees may be charged for
copying and delivering medical records, and specifically prohibits a hospital or
health care provider from dividing a request into separate requests and charging
additional handling fees and other charges.
Present law authorizes certain persons to obtain medical records from hospitals and health
care providers and authorizes the copying and handling fees and charges which a hospital
or health care provider may charge for copying and delivering the records.
Proposed law retains present law and specifies that only the charges authorized pursuant to
present law may be charged for copying and delivering medical records, and specifically
prohibits a hospital or health care provider from dividing a request into separate requests and
charging additional handling fees and other charges.
(Amends R.S. 40:1299.96(A)(2)(b))