House Bill 5411 (sHB5411 File No. 514) introduces amendments to the procedures and fees for requesting health records, effective from October 1, 2024. The bill updates language to be gender-neutral and specifies the timeframe for providing medical reports to employers, employees, or their attorneys, with penalties for delays. It outlines the responsibilities of providers and clinical laboratories to supply patients with their health information and prohibits charging for copying costs when patients bring original records from other providers. The bill also establishes a tiered fee structure for paper copies of health records, caps the fee for electronic records at $250, and removes research and handling fees unless redactions are necessary. Expedited service fees and penalties for delayed furnishing of health records are also introduced, with the Commissioner of Public Health required to publish and annually adjust the fees based on the consumer price index starting January 1, 2025.

Additionally, the bill mandates that health records must be provided in the patient's preferred format and addresses the handling of original tissue slides and blocks, which can be sent to a designated provider upon request. It absolves institutions and laboratories from liability for releasing these materials and places the responsibility for their safekeeping on the patient or their representative. The bill prohibits institutions from denying access to records due to an inability to pay and outlines requirements for institutions that cease operations, including providing a certified document detailing the storage and access procedures for patient health records. The bill also ensures compliance with HIPAA before furnishing health records and states that there will be no fiscal impact to the state or municipalities.

Statutes affected:
Raised Bill: 31-294f, 20-7c
JUD Joint Favorable: 31-294f, 20-7c
File No. 514: 31-294f, 20-7c