SLS 10RS-1022 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 575
BY SENATOR CLAITOR
HEALTH CARE. Enacts the "Fair Billing for Medical Records" Act. (8/15/10)
AN ACT1
To amend and reenact R.S. 40:1299.96(A)(2)(b), relative to medical records; to prohibit a2
health care provider from charging multiple handling fees in certain circumstances;3
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; records 8
A.(1) * * *9
(2) * * *10
(b) Except as provided in R.S. 44:17, a patient or his legal representative, or11
in the case of a deceased patient, the executor of his will, the administrator of his12
estate, the surviving spouse, the parents, or the children of the deceased patient, or13
after a claim has been made, the insurance company or its counsel, or, after suit has14
been instituted, defense counsel or a defendant seeking any medical, hospital, or15
other record relating to the patient's medical treatment, history, or condition, either16
personally or through an attorney, shall have a right to obtain a copy of such record17 SB NO. 575
SLS 10RS-1022 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
upon furnishing a signed authorization 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 pages, and twenty-five cents per page3
thereafter, a handling charge not to exceed fifteen dollars for hospitals, nursing4
homes, and other health care providers, and actual postage. If the hospital, nursing5
homes, and other health care provider contracts with a separate company or an6
individual to copy any part of the medical records or account information, only7
one handling fee may be charged. If requested, the health care provider shall8
provide the requestor, at no extra charge, a certification page setting forth the9
completeness of records on file. The individuals named herein shall also have the10
right to obtain copies of patient X-rays, microfilm, and electronic and imaging11
media, upon payment of reasonable reproduction costs and a handling charge of12
twenty dollars for hospitals and ten dollars for other health care providers. In the13
event a hospital record is not complete, the copy of the records furnished hereunder14
may indicate, through a stamp, coversheet, or otherwise, that the record is15
incomplete.16
* * *17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Present law provides that a patient, or the patient's attorney, shall have a right to obtain a
copy of such record upon furnishing a signed authorization and upon payment of a
reasonable copying charge, not to exceed $1.00 per page for the first 25 pages, $.50 per page
for twenty-six to five hundred pages, and $.25 per page thereafter, as well as a handling
charge not to exceed $15.00 for hospitals, nursing homes, and other health care providers,
plus the actual postage.
Present law retains previous law but provides that if the hospital, nursing homes, and other
health care provider contracts with a separate company or an individual to copy any part of
the medical records or account information, only one $15.00 handling fees may be charged.
Effective August 15, 2010.
(Amends R.S. 40:1299.96(A)(2)(b))