Second Substitute H.B. 212

Senator John L. Valentine proposes the following substitute bill:

1 CHARGES BY HEALTH PROVIDERS FOR MEDICAL
2 RECORDS
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Francis D. Gibson
6 Senate Sponsor: John L. Valentine
7
8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Judicial Code relating to patient access to medical
11 records.
12 Highlighted Provisions:
13 This bill:
14 . establishes a time limitation for a health care provider to provide medical records to
15 a patient, a patient's personal representative, or a third party;
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:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
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
28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. 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32 (1) Section 78A-9-103 , Practicing law without a license, is repealed May 3, 2012.
33 (2) Subsections 78B-12-301 (1) and 78B-12-302 (1) are repealed January 1, 2010.
34 (3) Subsection 78B-5-618 (4) is repealed January 1, 2016.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 2. 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 the deadlines required by the Health Insurance
49 Portability and Accountability Act of 1996, Administrative Simplification rule, 45 C.F.R. Sec.
50 164.524(b); and
51 (b) may charge a reasonable cost-based fee [to cover the health care provider's costs.]
52 provided that the fee includes only the cost of:
53 (i) copying, including the cost of supplies for and labor of copying; and
54 (ii) postage, when the patient or patient representative has requested the copy be
55 mailed.
56 (4) Except for records provided by a health care provider under Sections 26-1-37 , a

57 health care provider who provides a copy of a patient's records to a third party authorized to
58 receive records:
59 (a) shall provide the copy within 30 days after receipt of notice; and
60 (b) may charge a reasonable fee to cover the health care provider's cost, but may not
61 exceed the following rates:
62 (i) $20 for locating a patient's records, per request;
63 (ii) copying charges may not exceed 50 cents per page for the first 40 pages and 30
64 cents per page for each additional page;
65 (iii) the cost of postage when the third party has requested the copy be mailed; and
66 (iv) any sales tax owed under Title 59, Chapter 12, Sales and Use Tax Act.