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ACT No. 614
Regular Session, 2010
HOUSE BILL NO. 987
BY REPRESENTATIVE GARY SMITH
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
been instituted, defense counsel or a defendant seeking any medical, hospital,21
laboratory, or other record, including test results, relating to the patient's medical22
treatment, history, or condition, either personally or through an attorney, shall have23
a right to obtain a copy of such the record upon furnishing a signed authorization and24 ENROLLEDHB NO. 987
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upon payment of a reasonable copying charge, not to exceed one dollar per page for1
the first twenty-five pages, fifty cents per page for twenty-six to five hundred pages,2
and twenty-five cents per page thereafter, a handling charge not to exceed fifteen3
dollars for hospitals, nursing homes, and other health care providers, and actual4
postage. If requested, the health care provider shall provide the requestor, at no extra5
charge, a certification page setting forth the completeness of records on file. The6
individuals named herein shall also have the right to obtain copies of patient X-rays,7
microfilm, and electronic and imaging media, upon payment of reasonable8
reproduction costs and a handling charge of twenty dollars for hospitals and ten9
dollars for other health care providers. In the event a hospital record is not complete,10
the copy of the records furnished hereunder may indicate, through a stamp,11
coversheet, or otherwise, that the record is incomplete.12
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(4)(a) Any person conducting or operating a clinical laboratory or medical14
facility shall report test results to the patient who is the subject of the test upon his15
request. Approval from a health care provider shall not be required prior to reporting16
test results in accordance with the provisions of this Paragraph.17
(b) When a clinical laboratory or medical facility provides test results to a18
patient pursuant to this Paragraph, it shall also provide notice to the provider that the19
patient requested the test results and the results of the test to the health care provider20
ordering the test.21
(c) Notwithstanding any other provision of law to the contrary, the clinical22
laboratory or medical facility shall deliver the requested test results to the patient23
after verifying the identification of the patient. Test results may be delivered by mail24
if the patient has executed a HIPPA form and a written authorization to that effect.25
In addition, the test results may be delivered to any other person authorized by the26
patient in writing to receive the results.27
(d) The patient shall not have a right or cause of action against the clinical28
laboratory or medical facility for the release of test results in accordance with the29
provisions of this Paragraph.30 ENROLLEDHB NO. 987
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(e) The clinical lab or medical facility shall only report the test results to the1
patient who is the subject of the test upon his request in a manner which is consistent2
and in accordance with all applicable federal laws.3
(f) The clinical lab or medical facility shall only report the test results to the4
patient who is the subject of the test upon his request when the cost of the tests have5
been fully paid by the patient or applicable payor source.6
B. As used in this Section:7
(1) "Health care provider" means a "health care provider" as defined in R.S.8
40:1299.41 or a "state health care provider" as defined in R.S. 40:1299.39 or a9
clinical laboratory or medical facility in accordance with Paragraph (A)(4) of this10
Section.11
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: