Bill Text: FL S1746 | 2012 | Regular Session | Introduced

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Bill Title: Patient Medical Records

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Health Regulation [S1746 Detail]

Download: Florida-2012-S1746-Introduced.html

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       Florida Senate - 2012                                    SB 1746
       
       
       
       By Senator Sachs
       
       
       
       
       30-00890A-12                                          20121746__
    1                        A bill to be entitled                      
    2         An act relating to patient medical records; amending
    3         s. 395.3025, F.S.; removing provisions authorizing
    4         hospitals and other licensed medical facilities to
    5         charge a fee for nonpaper medical records; reducing
    6         the authorized fee that such facilities may charge for
    7         paper records and additional records; requiring that a
    8         doctor provide a copy of the patient’s medical records
    9         in digital form if requested; authorizing a fee for
   10         digital records; providing an effective date.
   11  
   12         WHEREAS, the 2009 Federal Health Information Technology for
   13  Economic and Clinical Health (HITECH) Act allows health care
   14  providers that adopt certified health record technology to
   15  qualify for Medicare and Medicaid incentive payments, and
   16         WHEREAS, the Federal Affordable Care Act supports the
   17  adoption of new technology, most notably for accountable care
   18  organizations and patient-centered medical homes, NOW,
   19  THEREFORE,
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (1) of section 395.3025, Florida
   24  Statutes, is amended to read:
   25         395.3025 Patient and personnel records; copies;
   26  examination.—
   27         (1) Any licensed facility shall, upon written request, and
   28  only after discharge of the patient, furnish, in a timely
   29  manner, without delays for legal review, to any person admitted
   30  therein for care and treatment or treated thereat, or to any
   31  such person’s guardian, curator, or personal representative, or
   32  in the absence of one of those persons, to the next of kin of a
   33  decedent or the parent of a minor, or to anyone designated by
   34  such person in writing, a true and correct copy of all patient
   35  records, including X rays, and insurance information concerning
   36  such person, which records are in the possession of the licensed
   37  facility, provided the person requesting such records agrees to
   38  pay a charge. The exclusive charge for copies of patient records
   39  may include sales tax and actual postage, and, except for
   40  nonpaper records, which shall be provided free of charge that
   41  are subject to a charge not to exceed $2, may not exceed 50
   42  cents $1 per page. If a patient requests a copy of his or her
   43  medical records, the doctor shall provide a copy of the
   44  patient’s medical records, in digital form, at a cost of no more
   45  than $5. A fee of up to 50 cents $1 may be charged for each year
   46  of records requested. These charges shall apply to all records
   47  furnished, whether directly from the facility or from a copy
   48  service providing these services on behalf of the facility.
   49  However, a patient whose records are copied or searched for the
   50  purpose of continuing to receive medical care is not required to
   51  pay a charge for copying or for the search. The licensed
   52  facility shall further allow any such person to examine the
   53  original records in its possession, or microforms or other
   54  suitable reproductions of the records, upon such reasonable
   55  terms as shall be imposed to ensure assure that the records will
   56  not be damaged, destroyed, or altered.
   57         Section 2. This act shall take effect July 1, 2012.