HLS 12RS-1273 REENGROSSED
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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 health 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
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(2)9
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(b)11
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(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 based on a written communication15
from the health care provider or its agent, and the written communication includes16
contact information, such as an e-mail address, a physical address, or facsimile17
telephone number for receipt of notices, the notice shall be sent by any of the listed18
means or methods of contact. If the violation is not based on a written19
communication, or if no contact information, such as an e-mail address, a physical20
address, or facsimile telephone number for receipt of notices, is provided, the notice21 HLS 12RS-1273 REENGROSSED
HB NO. 687
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
shall be sent to the custodian of medical records of the health care provider. If the1
violation is not corrected within three days of receipt of notice, any violation of2
Items (i) or (ii) of this Subparagraph shall be subject to a civil penalty of one3
thousand dollars per violation plus attorney fees and costs payable to the requestor4
of the medical records.5
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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 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 via the contact information provided by the
health care provider or its agent, or if no contact information is provided then to the
custodian of medical records of the health care provider. Further 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.
House Floor Amendments to the engrossed bill.
1. Required the health care provider to be notified via the contact information
provided by the health care provider or its agent, or if no contact information is
provided, then to the custodian of medical records of the health care provider.