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First Substitute H.B. 212
This document includes House Floor Amendments incorporated into the bill on Thu, Feb 3, 2011 at 11:46 AM by lerror. -->
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Judicial Code relating to patient access to medical
12 Highlighted Provisions:
13 This bill:
14 . requires a health care provider to provide medical records to a patient, a patient's
15 personal representative, or a third party within 30 days after requested; and
16 . establishes charges that a health care provider may charge when copying a patient's
17 medical records; and
18 . provides a repeal date.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 63I-2-278, as last amended by Laws of Utah 2008, Chapter 3 and renumbered and
26 amended by Laws of Utah 2008, Chapter 382
27 78B-5-618, as renumbered and amended by Laws of Utah 2008, Chapter 3
29 Be it enacted by the Legislature of the state of Utah:
30 Section 11. Section 63I-2-278 is amended to read:
31 63I-2-278. Repeal dates, Title 78A and Title 78B.
32 (1) Section 78A-9-103 , Practicing law without a license, is repealed May 3, 2012.
33 (2) Subsections 78B-12-301 (1) and 78B-12-302 (1) are repealed January 1, 2010.
34 (3) Subsection 78B-5-618 (4) is repealed January 1, 2016.
35 Section 22. Section 78B-5-618 is amended to read:
36 78B-5-618. Patient access to medical records.
37 (1) Pursuant to 45 C.F.R., Parts 160 and 164, Standards for Privacy of Individually
38 Identifiable Health Information, a patient or a patient's personal representative may inspect or
39 receive a copy of the patient's records from a health care provider as defined in Section
40 78B-3-403 , when that health care provider is governed by the provisions of 45 C.F.R., Parts
41 160 and 164.
42 (2) When a health care provider as defined in Section 78B-3-403 is not governed by 45
43 C.F.R., Parts 160 and 164, Standards for Privacy of Individually Identifiable Health
44 Information, a patient or a patient's personal representative may inspect or receive a copy of the
45 patient's records unless access to the records is restricted by law or judicial order.
46 (3) A health care provider who provides a copy of a patient's records to the patient or
47 the patient's personal representative:
48 (a) shall provide the copy within 30 days after the request; and
49 (b) may charge a reasonable cost-based fee [
50 provided that the fee includes only the cost of:
51 (i) copying, including the cost of supplies for and labor of copying; and
52 (ii) postage, when the patient or patient representative has requested the copy be
54 (4) H. Except for records provided by a health care provider under Sections 26-1-37,
54a a [
55 authorized to receive records:
56 (a) shall provide the copy within thirty days after the request; and
57 (b) may charge a reasonable fee to cover the health care provider's cost, but may not
58 exceed the following rates:
59 (i) $15 for locating a patient's records, per request;
60 (ii) copying charges may not exceed 50 cents per page; and
61 (iii) $25 for the retrieval and duplication of a patient's electronic records, per request.
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