PRIOR PRINTER'S NO. 2887 PRINTER'S NO. 3320
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2198
Session of
2024
INTRODUCED BY KRUEGER, BRENNAN, PROBST, MALAGARI, KHAN, GIRAL,
GUENST, BURGOS, BOYD, WARREN, KINSEY, CEPEDA-FREYTIZ, KEEFER,
SANCHEZ, HOWARD, HARKINS, McNEILL, HANBIDGE, MUNROE,
T. DAVIS, FREEMAN, SCHWEYER, ROZZI, STURLA, BOROWSKI, BURNS,
RABB, SCHLOSSBERG, WEBSTER, NEILSON, PARKER, HILL-EVANS,
D. MILLER, DELLOSO, D. WILLIAMS, FLEMING, CERRATO,
SHUSTERMAN, KENYATTA, PASHINSKI, CIRESI AND MERSKI,
APRIL 9, 2024
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 12, 2024
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, in rules of evidence,
3 further providing for subpoena of records and for rights of <--
4 patients.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 6152(a)(2) and 6155(b)(1) of Title 42 of <--
8 the Pennsylvania Consolidated Statutes are amended to read:
9 SECTION 1. SECTION 6152(A)(2) OF TITLE 42 OF THE <--
10 PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
11 § 6152. Subpoena of records.
12 (a) Election.--
13 * * *
14 (2) (i) Except as provided in subparagraph (ii), the
15 health care provider or facility or a designated agent
 1 shall be entitled to receive payment of the amounts under
2 this subsection before producing the charts or records
3 pursuant to a subpoena. [The] If paper copies are <--
4 requested, the payment shall be $20.62 for searching for
5 and retrieving the records, $1.39 per page for the first
6 20 pages, $1.03 per page for pages 21 through 60 and 34¢
7 per page for pages 61 and thereafter for paper copies or
8 reproductions on electronic media whether the records are
9 stored on paper or in electronic format; $2.04 per page
10 for copies from microfilm; plus the actual cost of
11 postage, shipping or delivery. No other charges for the
12 retrieval, copying and shipping or delivery of medical
13 records other than those set forth in this paragraph
14 shall be permitted without prior approval of the party
15 requesting the copying of the medical records. The
16 amounts which may be charged for paper copies shall be <--
17 adjusted annually beginning on January 1, 2013, by the
18 Secretary of Health of the Commonwealth based on the most
19 recent changes in the consumer price index reported
20 annually by the Bureau of Labor Statistics of the United
21 States Department of Labor. IF COPIES ARE REQUESTED IN AN <--
22 ELECTRONIC FORMAT, THE TOTAL PAYMENT UNDER THIS
23 SUBPARAGRAPH MAY NOT EXCEED $200.
24 (i.1) If the charts or records are maintained in an <--
25 electronic format and a request is made for the charts or
26 records to be produced in an electronic format, the
27 payment shall be $6.50 in responding to the request for
28 the charts or records.
29 (ii) Payment to a health care provider or facility
30 for searching for, retrieving and reproducing medical
20240HB2198PN3320 - 2 -
 1 charts or records requested by a district attorney shall
2 be $20.62, search and retrieval fee, plus the actual cost
3 of postage, shipping or delivery as described in
4 subparagraph (i), as adjusted by the Secretary of Health
5 of the Commonwealth, unless otherwise agreed to by the
6 district attorney.
7 * * *
8 § 6155. Rights of patients. <--
9 * * *
10 (b) Rights to records generally.--
11 (1) A patient or his designee, including his attorney,
12 shall have the right of access to his medical charts and
13 records and to obtain photocopies of the same, without the
14 use of a subpoena duces tecum, for his own use. A health care
15 provider or facility shall not charge a patient or his
16 designee, including his attorney, a fee in excess of the
17 amounts set forth in section 6152(a)(2)(i) and (i.1)
18 (relating to subpoena of records).
19 * * *
20 Section 2. This act shall take effect in 60 days.
20240HB2198PN3320 - 3 -


Statutes/Laws affected:
Printer's No. 2887: 42-6152(a)(2), 42-6155(b)(1)