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Regular Session, 2012
HOUSE BILL NO. 825
BY REPRESENTATIVE GREENE
HEALTH CARE/RECORDS: Provides relative to health care provider charges for health
records
AN ACT1
To amend and reenact R.S. 40:1299.96(A)(2)(b)(i) and (ii) and to enact R.S.2
40:1299.96(A)(2)(b)(iii), relative to health care information; to change the charges3
and costs associated with the provision of original treatment records in paper form4
and digital format copies as well as X-ray and other imaging media copies and digital5
imaging media copies; to establish penalties for certain violations; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:1299.96(A)(2)(b)(i) and (ii) are hereby amended and reenacted9
and R.S. 40:1299.96(A)(2)(b)(iii) is hereby enacted to read as follows: 10
§1299.96. Health care information; records11
A.12
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(2) 14
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(b)(i) Except as provided in R.S. 44:17, a patient or his legal representative,16
or in the case of a deceased patient, the executor of his will, the administrator of his17
estate, the surviving spouse, the parents, or the children of the deceased patient, or18
after a claim has been made, the insurance company or its counsel, or, after suit has19
been instituted, defense counsel or a defendant seeking any treatment record,20 HLS 12RS-1292 ORIGINAL
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including but not limited to any medical, hospital, laboratory, invoice or billing1
statement, or other record, including test results, relating to or generated as a result2
of or in connection to the patient's medical treatment, history, or condition, either3
personally or through an attorney or an agent, shall have a right to obtain a copy of4
the entirety of the records in the form by which they are generated, except microfilm,5
upon furnishing a signed authorization. If the original treatment records are6
generated, maintained, or stored in paper form, copies shall be provided upon7
payment of a reasonable copying charge, not to exceed one dollar fifteen cents per8
page for the first twenty-five pages, fifty cents per page for twenty-six to three9
hundred fifty pages, and twenty-five cents per page thereafter, and a handling charge10
not to exceed twenty-five dollars for hospitals, nursing homes, and other health care11
providers, and actual postage incurred. The charges set forth in this Section shall be12
applied to all persons and legal entities duly authorized by the patient to obtain a13
copy of their medical records. If treatment records are generated, maintained, or14
stored in digital format, copies may be requested to be provided in digital format and15
charged at the rate provided by this Item; however, the charges for providing digital16
copies shall not exceed one hundred thirty-five dollars, including all in addition to17
postage and handling charges actually incurred. If requested, the health care18
provider shall provide the requestor, at no extra charge, a certification page setting19
forth the extent of the completeness of records on file. In the event a hospital record20
is not complete, the copy of the records furnished shall indicate, through a stamp,21
coversheet, or otherwise, the extent of completeness of the records. Each request for22
records submitted by the patient or other person authorized to request records23
pursuant to the provisions of this Subparagraph shall be subject to only one handling24
charge, and the health care provider shall not divide the separate requests for25
different types of records, including but not limited to billing or invoice statements.26
The health care provider or person or legal entity providing records on behalf of the27
health care provider shall not charge any other fee which is not specifically28 HLS 12RS-1292 ORIGINAL
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authorized by the provisions of this Subparagraph, except for notary fees and fees for1
expedited requests as contracted by the parties.2
(ii) The individuals authorized to obtain medical records pursuant to Item (i)3
of this Subparagraph shall also have the right to obtain copies of patient X-rays, and4
other imaging media, upon payment of reasonable reproduction costs and a handling5
charge of twenty twenty-five dollars for hospitals and ten dollars for other health6
care providers and reproduction charge not to exceed one dollar per image with a7
maximum charge not to exceed thirty-five dollars for the entirety of the request. If8
the patient X-rays and other imaging media are generated, maintained, or stored in9
digital format, copies may be requested to be provided in digital format and charged10
at the rate provided by this Item; however, the charges for providing digital imaging11
media copies shall not exceed two hundred thirty-five dollars, including all in12
addition to postage and handling charges actually incurred. If requested, the health13
care provider shall provide the requestor, at no extra charge, a certification page14
setting forth the completeness of the X-rays and other imaging media on file. In the15
event hospital patient X-rays and other imaging media are not complete, the copies16
furnished shall indicate, through a stamp, coversheet, or otherwise, the extent of the17
completeness of the records. Each request for copies of patient X-rays and other18
imaging media submitted by the patient or other person authorized to request records19
pursuant to Item (i) of this Subparagraph shall not be considered a separate request20
and are subject to only one handling charge, and the health care provider shall not21
divide the requests for different types of X-rays and other imaging media. The22
health care provider shall not charge any other fee which is not specifically23
authorized by the provisions of this Subparagraph, except for notary fees and fees for24
expedited requests as contracted by the parties.25
(iii) Any person or entity that violates Subparagraph (A)(2)(b) of this Section26
shall be subject to a civil penalty of one thousand dollars per violation plus attorney27
fees and costs payable to the requestor of the medical records. 28
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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. 825
Abstract: Modifies the reproduction and handling charges associated with the provision of
treatment records.
Present law (40:1299.96(A)(2)(b)(i)) provides that a patient or his legal representative, in
certain instances, or after a claim has been made, the insurance company or its counsel, or,
after suit has been instituted, defense counsel or a defendant seeking any treatment record
or ancillary record, relating to or generated as a result of or in connection to the patient's
medical treatment, history, or condition, either personally or through an attorney or an agent,
shall have a right to obtain a copy of the entirety of the records in the form by which they
are generated, except microfilm, upon furnishing a signed authorization.
Provides that if the original treatment records are in paper form, copies must be provided
upon payment of a reasonable copying charge, not to exceed $1 per page for the first 25
pages, 50¢ per page for 26 to 350 pages, and 25¢ per page thereafter, and a handling charge
not to exceed $25 for hospitals, nursing homes, and other health care providers, and actual
postage.
Authorizes a request that the provision of treatment records be made in digital format if they
are generated, maintained, or stored in digital format, and charged at the rate provided by
present law. Further, provides that the charges for providing digital copies must not exceed
$100, including all postage and handling charges actually incurred.
Provides that in the event a hospital record is not complete, the copy of the records furnished
shall indicate, through a stamp, coversheet, or otherwise, the extent of completeness of the
records.
Proposed law specifies that the individuals enumerated in present law have the right to
obtain records through an agent in addition to obtaining such records through a personal
request or a request made through an attorney.
Changes the maximum charge for paper copies of treatment records from $1 to 15¢ per page.
Changes the maximum charge for providing digital copies of treatment records from $100
to $35, in addition to postage charges actually incurred.
Specifies that in the event any record is not complete, the copy of the records furnished shall
indicate, through a stamp, coversheet, or otherwise, the extent of completeness of the
records.
Present law (40:1299.96(A)(2)(b)(ii)) provides that the individuals authorized to obtain
medical records pursuant to present law also have the right to obtain copies of patient X-
rays, and other imaging media, upon payment of reasonable reproduction costs and a
handling charge of $20 for hospitals and $10 for other health care providers.
Provides that the charges for providing digital imaging media copies cannot exceed $200
dollars, including all postage and handling charges actually incurred
Proposed law removes the different handling charges for hospitals and health care providers
for the provision of copies of X-ray and other imaging media. Instead, establishes a set $25 HLS 12RS-1292 ORIGINAL
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handling charge for such copies and a reproduction charge not to exceed $1 per image with
a maximum charge not to exceed $35 for the entirety of the request.
Changes the maximum cost associated with the provision of digital imaging media copies
from $200 to $35, in addition to postage charges actually incurred.
Proposed law (40:1299.96(A)(2)(b)(iii)) provides that any person or entity that violates these
provisions will be subject to a civil penalty of $1,000 per violation plus attorney fees and
costs payable to the requestor of the medical records.
(Amends R.S. 40:1299.96(A)(2)(b)(i) and (ii); Adds R.S. 40:1299.96(A)(2)(b)(iii))