HLS 12RS-1273 ENGROSSED
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 687
BY REPRESENTATIVE GREENE
HEALTH CARE/RECORDS: Provides with respect to heath care records
AN ACT1
To enact R.S. 40:1299.96(A)(2)(b)(iii), relative to health care information; to provide notice;2
to provide for civil liability for noncompliance; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 40:1299.96(A)(2)(b)(iii) is hereby enacted to read as follows: 5
ยง1299.96. Health care information; records6
A.7
* * *8
(2)9
* * *10
(b)11
* * *12
(iii) A health care provider shall be provided with written notice of any13
violation of Items (i) or (ii) of this Subparagraph and shall be given three days to14
correct the noticed violation. If the violation is not corrected within three days of15
receipt of notice, any violation of Items (i) or (ii) of this Subparagraph shall be16
subject to a civil penalty of one thousand dollars per violation plus attorney fees and17
costs payable to the requestor of the medical records.18
* * *19 HLS 12RS-1273 ENGROSSED
HB NO. 687
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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 notice requirements for violations of certain provisions governing the
retrieval and reproduction of medical records 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. Requires written notice of a violation of present law to
be provided to the provider of medical records and assesses a civil penalty of $1,000 per
violation plus attorney fees and costs if the provider fails to comply within three days.
(Adds R.S. 40:1299.96(A)(2)(b)(iii))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Deleted proposed law changes to fee schedule.
2. Required notice of violations to be given to the provider of medical records and
provides for the assessment of the civil penalty if the violation is not corrected
within three days of receipt of notice.