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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 96 By: Hall of the Senate
and
McEntire of the House
An Act relating to medical records; amending 76 O.S.
2011, Section 19, as last amended by Section 1,
Chapter 100, O.S.L. 2015 (76 O.S. Supp. 2020, Section
19), which relates to access to medical records;
authorizing access to certain billing information;
modifying fee structure for access to medical records
by certain entities; modifying applicability of
certain provisions; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 76 O.S. 2011, Section 19, as last
amended by Section 1, Ch apter 100, O.S.L. 2015 (76 O.S. Supp. 20 20,
Section 19), is amended to read as follows:
Section 19. A. 1. Any person who is or has been a patient of
a doctor, hospital, or other medical institution shall be entitled,
upon request, to obtain access to th e information contained in the
patient's medical records, including any x-ray or other photograph
or image or, pathology slide or the patient's medical bills.
Disclosure regarding a deceased patient shall require either a court
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order or a written release of an executor, administrator or personal
representative appointed by the court, or if there is no such
appointment, by the spouse of the patient or, if none, by any
responsible member of the family of the patient. As used in this
paragraph, "responsible family member" shall mean the parent, adult
child, adult sibling or other adult relative who was actively
involved in providing care to or monitoring the care of the patient
as verified by the doctor, hospital or other medical institution
responsible for the care and treatment of such person.
2. Any person who is or has been a patient of a doctor,
hospital, or other medical institution shall be furnished copies of
all medical records, including any x-ray, other photograph or image
or, pathology slide, or all medical bills pertaining to that
person's case upon request and upon the tender of the expenses
enumerated in this paragraph. The cost of each copy to such person
or to the personal representative, spouse or responsible family
member of such person, no t including any x-ray or other photograph
or image or pathology slide, shall be fifty cents ($0.50) for each
page. Requests for medical records and medical bills from
attorneys, insurance companies and by way of subpoena shall be
charged a base fee of Ten Dollars ($10.00) Twenty Dollars ($20.00)
in addition to the per page charges required pursuant to this
section, plus postage or delivery fee. The base fee shall be
charged regardless of whether any records related to the request are
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located. A fee of Fi fteen Dollars ($15.00) shall be charged if a
certification or an affidavit by the provider regarding the
authenticity of the medical records or bills is requested. The
physician, hospital or other medical professionals and institutions,
or their business associates as the term is defined in Section
160.103 of Title 45 of the United States Code of Federal Regulations
shall produce the records in digital form at the rate of thirty
cents ($0.30) per page if:
a. the entire request can be reproduced from an
electronic health record system,
b. the medical record is records are specifically
requested to be delivered in electronic format, and
c. the medical record records can be delivered
electronically.
If a provider or business associate transmits the records
electronically, no postage shall be charged but a delivery charge
shall apply. In no event shall a charge for the reproduction of
electronically stored and delivered medical records pursuant to this
paragraph exceed Two Hundred Dollars ($200.00) plus postage or
delivery fee. The cost of each printed x-ray, other photograph or
image, or pathology slide to such person or to the legal
representative of such person shall be Five Dollars ($5.00) Fifteen
Dollars ($15.00). If the x -ray, other photograph or image i s
provided on a CD/DVD or other electronic media, the fee shall be
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Twenty Dollars ($20.00) per CD/DVD or other electronic media . The
physician, hospital, or other medical professionals and
institutions, or their business associates as the term is defined in
Section 160.103 of Title 45 of the United States Code of Federal
Regulations, shall not charge a person who requests their own record
a fee for searching, retrieving, reviewing, and preparing medical
records of the person. No mailing fee shall be charg ed for copies
provided by facsimile. All requests for medical records made
pursuant to this subsection shall be subject to the fees described
in this section regardless of where the copies or electronic
versions of such records are actually produced.
3. The provisions of paragraphs 1 and 2 of this subsection
shall not apply to psychological, psychiatric, mental health or
substance abuse treatment records. In the case of psychological,
psychiatric, mental health or substance abuse treatment records,
access to information contained in the records shall be obtained
pursuant to Section 1 -109 of Title 43A of the Oklahoma Statutes.
4. The provisions of paragraphs 1 and 2 of this subsection
shall not apply to requests for medical records made by the
Disability Determination Division of the State Department of
Rehabilitation Services. The fee for such requests shall be at a
rate allowed by the Social Security Administration.
B. 1. In cases involving a claim for personal injury or death
against any practitioner of the healing arts or a licensed hospital,
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or a nursing facility or nursing home licensed pursuant to Section
1-1903 of Title 63 of the Oklahoma Statutes arising out of patient
care, where any person has placed the physical or mental condition
of that person in issue by the commencement of any action,
proceeding, or suit for damages, or where any person has placed in
issue the physical or mental condition of any other person or
deceased person by or through whom the person rightfully claims,
that person shall be deemed to waive any privilege granted by law
concerning any communication made to a physician or health care
provider with reference to any physical or mental condition or any
knowledge obtained by the physician or health care provider by
personal examination of the patient; provided that, before any
communication, medical or hospital record, or testimony is admitted
in evidence in any proceeding, it must be material and relevant to
an issue therein, according to existing rules of evidence.
Psychological, psychiatric, mental health and substance abuse
treatment records and information from psychological, psychiatric,
mental health and substance abuse treatment practitioners may only
be obtained provided the requirements of Section 1 -109 of Title 43A
of the Oklahoma Statutes are met.
2. Any person who obtains any document pursuant to the
provisions of this section shall provide copies of the document to
any opposing party in the proceeding upon payment of the expense of
copying the document pursuant to the provisions of this section.
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C. This section shall not apply to the records of an inmate in
a correctional institution when the correctional institution
believes the release of such information to be a threat to the
safety or security of the inmate or the institution.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 03/31/2021 -
DO PASS.