HLS 12RS-1273 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 687
BY REPRESENTATIVE GREENE
HEALTH CARE/RECORDS: Provides with respect to heath care records
AN ACT1
To amend and reenact R.S. 40:1299.96(A)(2)(b), relative to health care information; to2
provide for retrieval of and reproduction fees for medical records from a health care3
provider; to provide for civil liability for noncompliance; 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
§1299.96. Health care information; records9
A.10
* * *11
(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, laboratory, invoice or billing19
statement, or other record, including test results, relating to or generated as a result20 HLS 12RS-1273 ORIGINAL
HB NO. 687
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of or in connection to the patient's medical treatment, history, or condition, either1
personally or through an attorney or an agent, shall have a right to obtain a copy of2
the entirety of the records in the form by which they are generated, except microfilm,3
upon furnishing a signed authorization. If the original treatment records are4
generated, maintained, or stored in paper form, copies shall be provided in paper5
format if requested upon payment of a reasonable copying charge, not to exceed one6
dollar per page for the first twenty-five pages, fifty cents per page for twenty-six to7
three hundred fifty pages, and twenty-five cents per page thereafter, a handling8
charge not to exceed twenty-five dollars fifteen cents per page and a handling charge9
not to exceed twenty-five dollars for hospitals, nursing homes, and other health care10
providers, and actual postage incurred. The charges set forth in this Section shall be11
applied to all persons and legal entities duly authorized by the patient to obtain a12
copy of their medical records. If treatment records are generated, maintained, or13
stored in digital format, copies may be requested to be provided in digital format and14
charged at the rate provided by this Item; however, the charges for providing digital15
copies shall not exceed one hundred dollars thirty-five dollars, including all postage16
and handling charges actually incurred. If requested, the health care provider shall17
provide the requestor, at no extra charge, a certification page setting forth the extent18
of the completeness of records on file. In the event a hospital record is not complete,19
the copy of the records furnished shall indicate, through a stamp, coversheet, or20
otherwise, the extent of completeness of the records. Each request for records21
submitted by the patient or other person authorized to request records pursuant to the22
provisions of this Subparagraph shall be subject to only one handling charge, and the23
health care provider shall not divide the separate requests for different types of24
records, including but not limited to billing or invoice statements. The health care25
provider or person or legal entity providing records on behalf of the health care26
provider shall not charge any other fee which is not specifically authorized by the27
provisions of this Subparagraph, except for notary fees and fees for expedited28
requests as contracted by the parties.29 HLS 12RS-1273 ORIGINAL
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(ii) The individuals authorized to obtain medical records pursuant to Item (i)1
of this Subparagraph shall also have the right to obtain copies of patient X-rays, and2
other imaging media, upon payment of reasonable reproduction costs and a handling3
charge of twenty dollars for hospitals and ten dollars for other health care providers4
twenty-five dollars and a maximum charge of one dollar per image with a maximum5
charge not to exceed thirty-five dollars for the entirety of the request. If the patient6
X-rays and other imaging media are generated, maintained, or stored in digital7
format, copies may be requested to be provided in digital format and charged at the8
rate provided by this Item; however, the charges for providing digital imaging media9
copies shall not exceed two hundred dollars, including all postage and handling10
charges thirty-five dollars, in addition to postage charges actually incurred. If11
requested, the health care provider shall provide the requestor, at no extra charge, a12
certification page setting forth the completeness of the X-rays and other imaging13
media on file. In the event hospital patient X-rays and other imaging media are not14
complete, the copies furnished shall indicate, through a stamp, coversheet, or15
otherwise, the extent of the completeness of the records. Each request for copies of16
patient X-rays and other imaging media submitted by the patient or other person17
authorized to request records pursuant to Item (i) of this Subparagraph shall not be18
considered a separate request and are subject to only one handling charge, and the19
health care provider shall not divide the requests for different types of X-rays and20
other imaging media. The health care provider shall not charge any other fee which21
is not specifically authorized by the provisions of this Subparagraph, except for22
notary fees and fees for expedited requests as contracted by the parties.23
(iii) Any violation of items (b)(i) and (ii) shall be subject to a civil penalty24
of one thousand dollars per violation plus attorney fees and costs payable to the25
requestor of the medical records.26
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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. 687
Abstract: Provides for retrieval of and reproduction fees for medical records from a health
care provider and provides for a civil penalty for noncompliance.
Present law provides procedures for obtaining medical records. Provides a graduated cost
scale per page of medical records requested and a separate cost for digital format.
Proposed law retains present law except it changes the graduated cost scale to a flat fee of
15¢ per page and a handling charge not to exceed $25 for paper format and $35 for digital
format. Provides a maximum charge of $35 for copies of digital imaging media. Further
provides for a civil penalty of $1,000 per violation plus attorney fees and costs for
noncompliance.
(Amends R.S. 40:1299.96(A)(2)(b))