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)]
HB 537 Original 2016 Regular Session Garofalo
Abstract: Provides for the maximum charges for obtaining copies of medical records.
Present law provides that each health care provider shall furnish each patient, upon request of the
patient, a copy of any information related to the patient which the health care provider has
transmitted to any company, or public or private agency, or person.
Present law provides that medical records of a patient maintained in a health care provider's office
are the property and business records of the health care provider.
Present law provides that a patient, his legal representative, and certain other persons shall have a
right to obtain a copy of the entirety of the medical records in the form by which they are generated.
If the original treatment records are generated, maintained, or stored in paper form, copies shall be
provided upon payment of a reasonable copying charge as further specified in present law.
Proposed law provides that a patient, his legal representative, and certain other persons shall have
a right to obtain a copy of the entirety of the medical records in the form by which they are stored.
Present law provides that if records are generated, maintained, or stored in paper form, copies shall
be provided upon payment of a copying charge as provided by present law.
Proposed law provides that if records are stored in paper form, paper or digital copies shall be
provided upon payment of a copying charge as provided by present law.
Present law provides that if records are generated, maintained, or stored in digital format, copies may
be requested in digital format and charged as provided by present law.
Proposed law provides that if records are stored in digital format in the health care provider's
electronic health record, copies may be requested in digital format and charged as provided by
present law, but also specifies that the maximum $100 charge only applies to copies stored in digital
format.
Present law provides that the maximum authorized charges of $100 for records and $200 for X-rays
and other imaging includes all postage and handling.
Proposed law excludes postage and handling from the $100 and $200 maximum charges. Proposed law provides that if the treatment records are stored in both digital form and paper form,
the maximum limit of $100 shall only apply to the portion of records stored in digital form.
Proposed law provides that, beginning on July 1, 2016, the maximum fees provided by present law
are subject to annual adjustments based on the most recent changes to the consumer price index.
(Amends R.S. 40:1165.1(A)(2)(b)(i) and (ii); Adds R.S. 40:1165.1(A)(2)(f))