ENROLLED
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ACT No. 740
Regular Session, 2010
HOUSE BILL NO. 1159
BY REPRESENTATIVE GREENE
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 charges for3
providing copies of records; to provide for exceptions; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:1299.96(A)(2)(b) is hereby amended and reenacted to read as7
follows: 8
ยง1299.96. Health care information; records9
A.10
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(2)12
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(b)(i) Except as provided in R.S. 44:17, a patient or his legal representative,14
or in the case of a deceased patient, the executor of his will, the administrator of his15
estate, the surviving spouse, the parents, or the children of the deceased patient, or16
after a claim has been made, the insurance company or its counsel, or, after suit has17
been instituted, defense counsel or a defendant seeking any treatment record,18
including but not limited to any medical, hospital, invoice or billing statement, or19
other record relating to or generated as a result of or in connection to the patient's20
medical treatment, history, or condition, either personally or through an attorney,21
shall have a right to obtain a copy of such record the entirety of the records in the22
form by which they are generated, except microfilm, upon furnishing a signed23
authorization. If the original treatment records are generated, maintained, or stored24 ENROLLEDHB NO. 1159
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in paper form, copies shall be provided and upon payment of a reasonable copying1
charge, not to exceed one dollar per page for the first twenty-five pages, fifty cents2
per page for twenty-six to five hundred three hundred fifty pages, and twenty-five3
cents per page thereafter, a handling charge not to exceed fifteen twenty-five dollars4
for hospitals, nursing homes, and other health care providers, and actual postage. If5
treatment records are generated, maintained, or stored in digital format, copies may6
be requested to be provided in digital format and charged at the rate provided by this7
Item; however, the charges for providing digital copies shall not exceed one hundred8
dollars, including all postage and handling charges actually incurred. If requested,9
the health care provider shall provide the requestor, at no extra charge, a certification10
page setting forth the extent of the completeness of records on file. In the event a11
hospital record is not complete, the copy of the records furnished shall indicate,12
through a stamp, coversheet, or otherwise, the extent of completeness of the records.13
Each request for records submitted by the patient or other person authorized to14
request records pursuant to the provisions of this Subparagraph shall be subject to15
only one handling charge, and the health care provider shall not divide the separate16
requests for different types of records, including but not limited to billing or invoice17
statements. The health care provider shall not charge any other fee which is not18
specifically authorized by the provisions of this Subparagraph, except for notary fees19
and fees for expedited requests as contracted by the parties.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 and other imaging media, upon23
payment of reasonable reproduction costs and a handling charge of twenty dollars24
for hospitals and ten dollars for other health care providers. If the patient X-rays and25
other imaging media are generated, maintained, or stored in digital format, copies26
may be requested to be provided in digital format and charged at the rate provided27
by this Item; however, the charges for providing digital imaging media copies shall28
not exceed two hundred dollars, including all postage and handling charges actually29
incurred. If requested, the health care provider shall provide the requestor, at no30 ENROLLEDHB NO. 1159
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extra charge, a certification page setting forth the completeness of the X-rays and1
other imaging media on file. In the event a hospital record is hospital patient X-rays2
and other imaging media are not complete, the copy of the records furnished3
hereunder may copies furnished shall indicate, through a stamp, coversheet, or4
otherwise, that the record is incomplete the extent of the completeness of the records.5
Each request for copies of patient X-rays and other imaging media submitted by the6
patient or other person authorized to request records pursuant to Item (i) of this7
Subparagraph shall not be considered a separate request and are subject to only one8
handling charge, and the health care provider shall not divide the requests for9
different types of X-rays and other imaging media. The health care provider shall10
not charge any other fee which is not specifically authorized by the provisions of this11
Subparagraph, except for notary fees and fees for expedited requests as contracted12
by the parties.13
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: