GREEN SHEET REDIGEST
HB 537 2016 Regular Session Garofalo
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CIVIL/DISCOVERY. Provides relative to applicable fees and costs incurred for the
production of records
DIGEST
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 in which they
exist.
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 exist 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 digital records exist, 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.
Page 1 of 2
Prepared by Benjamin A. Huxen, II. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
reengrossed bill
1. Specifies that if the records exist in digital format, they shall be provided in such
format.
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Prepared by Benjamin A. Huxen, II.