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Regular Session, 2010
HOUSE BILL NO. 987
BY REPRESENTATIVE GARY SMITH
HEALTH CARE/RECORDS: Prohibits laboratory or medical facilities from withholding
test results to individuals
AN ACT1
To amend and reenact R.S. 40:1299.96(A)(2)(b) and (B)(1) and to enact R.S.2
40:1299.96(A)(4), relative to health care information; to provide for definitions; to3
provide for the report of certain test results directly to the patient; to require4
reporting to the health care professional who requested the test under certain5
circumstances; to require verification of patient identification prior to the delivery6
of test results; to prohibit the liability of clinical laboratories or medical facilities that7
comply with statutory reporting requirements; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:1299.96(A)(2)(b) and (B)(1) are hereby amended and reenacted10
and R.S. 40:1299.96(A)(4) is hereby enacted to read as follows: 11
ยง1299.96. Health care information; records12
A.13
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(2)15
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(b) Except as provided in R.S. 44:17, a patient or his legal representative, or17
in the case of a deceased patient, the executor of his will, the administrator of his18
estate, the surviving spouse, the parents, or the children of the deceased patient, or19
after a claim has been made, the insurance company or its counsel, or, after suit has20 HLS 10RS-117 REENGROSSED
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been instituted, defense counsel or a defendant seeking any medical, hospital,1
laboratory, or other record, including test results, relating to the patient's medical2
treatment, history, or condition, either personally or through an attorney, shall have3
a right to obtain a copy of such the record upon furnishing a signed authorization and4
upon payment of a reasonable copying charge, not to exceed one dollar per page for5
the first twenty-five pages, fifty cents per page for twenty-six to five hundred pages,6
and twenty-five cents per page thereafter, a handling charge not to exceed fifteen7
dollars for hospitals, nursing homes, and other health care providers, and actual8
postage. If requested, the health care provider shall provide the requestor, at no extra9
charge, a certification page setting forth the completeness of records on file. The10
individuals named herein shall also have the right to obtain copies of patient X-rays,11
microfilm, and electronic and imaging media, upon payment of reasonable12
reproduction costs and a handling charge of twenty dollars for hospitals and ten13
dollars for other health care providers. In the event a hospital record is not complete,14
the copy of the records furnished hereunder may indicate, through a stamp,15
coversheet, or otherwise, that the record is incomplete.16
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(4)(a) Any person conducting or operating a clinical laboratory or medical18
facility shall report test results to the patient who is the subject of the test upon his19
request. Approval from a health care provider shall not be required prior to reporting20
test results in accordance with the provisions of this Paragraph.21
(b) When a clinical laboratory or medical facility provides test results to a22
patient pursuant to this Paragraph, it shall also provide the results to the health care23
provider ordering the test.24
(c) Notwithstanding any other provision of law to the contrary, the clinical25
laboratory or medical facility shall deliver the requested test results to the patient26
after verifying the identification of the patient. Test results may be delivered by mail27
if the patient has executed a HIPPA form and a written authorization to that effect.28 HLS 10RS-117 REENGROSSED
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In addition, the test results may be delivered to any other person authorized by the1
patient in writing to receive the results.2
(d) The patient shall not have a right or cause of action against the clinical3
laboratory or medical facility for the release of test results in accordance with the4
provisions of this Paragraph.5
B. As used in this Section:6
(1) "Health care provider" means a "health care provider" as defined in R.S.7
40:1299.41 or a "state health care provider" as defined in R.S. 40:1299.39 or a8
clinical laboratory or medical facility in accordance with Paragraph (A)(4) of this9
Section.10
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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)]
Gary Smith HB No. 987
Abstract: Authorizes a clinical laboratory or medical facility to release test results directly
to the patient without prior physician approval.
Present law defines "health care provider" to include health care providers as defined in the
State and Private Medical Malpractice Acts.
Proposed law retains present law and adds "clinical laboratory" or "medical facility" to the
definition of health care provider for purposes of proposed law.
Present law provides that medical, hospital, and other records relating to a patient's medical
treatment or condition may be obtained by a patient, his legal representative, or other
enumerated persons for a fee.
Proposed law retains present law and adds laboratory and test results to the list of
enumerated records that a patient or his legal representative or other statutorily authorized
persons may obtain.
Proposed law requires clinical laboratories or medical facilities to report results directly to
the patient upon request of that patient. Also, authorizes the release of the test results
directly to the patient without prior approval of a health care provider.
Proposed law also requires clinical laboratories or medical facilities to report test results to
the health care provider who ordered the test whenever the results are reported directly to
the patient.
Proposed law requires the delivery of requested test results directly to the patient who is the
subject of the test after verification of the identity of the patient. Authorizes test results to HLS 10RS-117 REENGROSSED
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be delivered by mail to the patient, or any other person, if the facility has executed a HIPPA
form and a written authorization by the patient.
Proposed law provides that the patient shall not have a right or cause of action against the
clinical laboratories or medical facilities for the release of test results in accordance with
proposed law.
(Amends R.S. 40:1299.96(A)(2)(b) and (B)(1); Adds R.S. 40:1299.96(A)(4))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Moved the amended definition of "health care provider" from the Medical
Malpractice Act to provisions of proposed law regarding health care information.
2. Changed the limitation of liability to a no right or cause of action.
3. Made other technical corrections.
4. Required the execution of a HIPPA form to authorize delivery of test results by
mail.