Missouri 2025 Regular Session

Missouri Senate Bill SB806 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 806
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BERNSKOETTER.
8	8	3179S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 191.227, RSMo, and to enact in lieu thereof one new section relating to medical
11	11	records.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 191.227, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 191.227, 2
16	16	to read as follows:3
17	17	191.227. 1. All physicians, chiropractors, hospitals, 1
18	18	dentists, and other duly licensed practitioners in this 2
19	19	state, herein called "providers", shall, upon written 3
20	20	request of a patient, or guardian or legally authorized 4
21	21	representative of a patient, furnish a copy of his or her 5
22	22	record of that patient's health history and treatment 6
23	23	rendered to the person submitting a written request, except 7
24	24	that such right shall be limited to access consistent with 8
25	25	the patient's condition and sound therapeutic treatment as 9
26	26	determined by the prov ider. Beginning August 28, [1994] 10
27	27	2025, such record shall be furnished within [a reasonable 11
28	28	time] twenty-four hours of the receipt of the request 12
29	29	therefor and upon payment of a fee as provided in this 13
30	30	section. 14
31	31	2. Health care providers may condit ion the furnishing 15
32	32	of the patient's health care records to the patient, the 16
33	33	patient's authorized representative or any other person or 17 SB 806 2
34	34	entity authorized by law to obtain or reproduce such records 18
35	35	upon payment of a fee for: 19
36	36	(1) (a) Search and retrieval, in an amount not more 20
37	37	than twenty-four dollars and eighty -five cents plus copying 21
38	38	in the amount of fifty -seven cents per page for the cost of 22
39	39	supplies and labor plus, if the health care provider has 23
40	40	contracted for off-site records storage and m anagement, any 24
41	41	additional labor costs of outside storage retrieval, not to 25
42	42	exceed twenty-three dollars and twenty -six cents, as 26
43	43	adjusted annually pursuant to subsection 6 of this section; 27
44	44	or 28
45	45	(b) The records shall be furnished electronically upon 29
46	46	payment of the search, retrieval, and copying fees set under 30
47	47	this section at the time of the request or one hundred eight 31
48	48	dollars and eighty-eight cents total, whichever is less, if 32
49	49	such person: 33
50	50	a. Requests health records to be delivered 34
51	51	electronically in a format of the health care provider's 35
52	52	choice; 36
53	53	b. The health care provider stores such records 37
54	54	completely in an electronic health record; and 38
55	55	c. The health care provider is capable of providing 39
56	56	the requested records and affidavit, if requested, in an 40
57	57	electronic format; 41
58	58	(2) Postage, to include packaging and delivery cost; 42
59	59	(3) Notary fee, not to exceed two dollars, if 43
60	60	requested. 44
61	61	Such fee shall be the fee in effect on February 1, 2018, 45
62	62	increased or decreased annually un der this section. 46
63	63	3. For purposes of subsections 1 and 2 of this 47
64	64	section, "a copy of his or her record of that patient's 48 SB 806 3
65	65	health history and treatment rendered" or "the patient's 49
66	66	health care records" includes a statement or record that no 50
67	67	such health history or treatment record responsive to the 51
68	68	request exists. 52
69	69	4. Notwithstanding provisions of this section to the 53
70	70	contrary, providers may charge for the reasonable cost of 54
71	71	all duplications of health care record material or 55
72	72	information which cannot routinely be copied or duplicated 56
73	73	on a standard commercial photocopy machine. 57
74	74	5. The transfer of the patient's record done in good 58
75	75	faith shall not render the provider liable to the patient or 59
76	76	any other person for any consequences which resu lted or may 60
77	77	result from disclosure of the patient's record as required 61
78	78	by this section. 62
79	79	6. Effective February first of each year, the fees 63
80	80	listed in subsection 2 of this section shall be increased or 64
81	81	decreased annually based on the annual percent age change in 65
82	82	the unadjusted, U.S. city average, annual average inflation 66
83	83	rate of the medical care component of the Consumer Price 67
84	84	Index for All Urban Consumers (CPI -U). The current 68
85	85	reference base of the index, as published by the Bureau of 69
86	86	Labor Statistics of the United States Department of Labor, 70
87	87	shall be used as the reference base. For purposes of this 71
88	88	subsection, the annual average inflation rate shall be based 72
89	89	on a twelve-month calendar year beginning in January and 73
90	90	ending in December of eac h preceding calendar year. The 74
91	91	department of health and senior services shall report the 75
92	92	annual adjustment and the adjusted fees authorized in this 76
93	93	section on the department's internet website by February 77
94	94	first of each year. 78
95	95	7. A health care provider may disclose a deceased 79
96	96	patient's health care records or payment records to the 80 SB 806 4
97	97	executor or administrator of the deceased person's estate, 81
98	98	or pursuant to a valid, unrevoked power of attorney for 82
99	99	health care that specifically directs that the dece ased 83
100	100	person's health care records be released to the agent after 84
101	101	death. If an executor, administrator, or agent has not been 85
102	102	appointed, the deceased prior to death did not specifically 86
103	103	object to disclosure of his or her records in writing, and 87
104	104	such disclosure is not inconsistent with any prior expressed 88
105	105	preference of the deceased that is known to the health care 89
106	106	provider, a deceased patient's health care records may be 90
107	107	released upon written request of a person who is deemed as 91
108	108	the personal represe ntative of the deceased person under 92
109	109	this subsection. Priority shall be given to the deceased 93
110	110	patient's spouse and the records shall be released on the 94
111	111	affidavit of the surviving spouse that he or she is the 95
112	112	surviving spouse. If there is no surviving spouse, the 96
113	113	health care records may be released to one of the following 97
114	114	persons: 98
115	115	(1) The acting trustee of a trust created by the 99
116	116	deceased patient either alone or with the deceased patient's 100
117	117	spouse; 101
118	118	(2) An adult child of the deceased patie nt on the 102
119	119	affidavit of the adult child that he or she is the adult 103
120	120	child of the deceased; 104
121	121	(3) A parent of the deceased patient on the affidavit 105
122	122	of the parent that he or she is the parent of the deceased; 106
123	123	(4) An adult brother or sister of the deceased patient 107
124	124	on the affidavit of the adult brother or sister that he or 108
125	125	she is the adult brother or sister of the deceased; 109
126	126	(5) A guardian or conservator of the deceased patient 110
127	127	at the time of the patient's death on the affidavit of the 111 SB 806 5
128	128	guardian or conservator that he or she is the guardian or 112
129	129	conservator of the deceased; or 113
130	130	(6) A guardian ad litem of the deceased's minor child 114
131	131	based on the affidavit of the guardian that he or she is the 115
132	132	guardian ad litem of the minor child of the de ceased. 116
133	133	