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 Reengrossed 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 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 shall be provided in digital format if they are 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 charges 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.
(Amends R.S. 40:1165.1(A)(2)(b)(i) and (ii)) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Deletes provisions authorizing the payment for handling charges.
2. Deletes adjustments of fees and maximum charges based on the consumer price index.
The House Floor Amendments to the engrossed bill:
1. Adds provision specifying that copies of records stored in digital format shall be
provided in digital format if they are requested to be provided in digital format.