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ACT No. 756
Regular Session, 2012
HOUSE BILL NO. 687
BY REPRESENTATIVE GREENE
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 with a physical address for receipt of notices, the notice shall be17
sent by certified mail or commercial carrier. If the violation is not based on a written18
communication, or if no contact information, such as a physical address for receipt19
of notices, is provided, the notice shall be sent by certified mail or commercial20
carrier to the custodian of medical records of the health care provider. If the21
violation is not corrected within fifteen days of receipt of the certified mail or the22
commercial carrier notice, any violation of Items (i) or (ii) of this Subparagraph shall23 ENROLLEDHB NO. 687
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be subject to a civil penalty of five hundred dollars per violation, plus attorney fees1
and costs at the discretion of the court, payable to the requestor of the medical2
records.3
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: