ENTITLED An Act to authorize the provision of medical records and the imposition of related fees.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 36-2 be amended with a NEW SECTION:

Terms used in this Act mean:

(1) “Electronic health information,” an electronic record of information about a patient’s health, which is:

(a) Created, gathered, consulted, and managed by the patient’s health care provider; and

(b) Made available to the patient through a patient portal;

(2) “Health care provider,” any licensed health care facility or any person licensed, certified, or otherwise authorized or permitted by law to provide health care;

(3) “Medical record,” information, in any form or medium, that pertains to a patient’s health care, including the patient's medical history, diagnosis, prognosis, medical condition or billing, and is maintained by a health care provider for purposes of caring for the patient’s health, provided the term does not include any information subject to the provisions of   62-7-8;

(4) “Medical records company,” an entity that stores, locates, or copies medical records for a health care provider;

(5) “Patient,” any of the following:

(a) An individual who receives or has received health care from a health care provider;

(b) Any person authorized to make health care decisions for an individual referenced in subsection (a), pursuant to chapter 29A-5 or 34-12C, or    59-7-2.1 and 59-7-2.4; or

(c) If the individual referenced in subsection (a) is a minor, the minor’s parent, unless the minor lawfully obtained the health care documented in the applicable medical record without the consent or notification of the parent; and

(6) “Patient Portal,” a secure online website that:

(a) Is owned and operated by a health care provider; and

(b) Gives a patient access to the patient’s electronic health information from anywhere, using an internet connection.

Section 2. That chapter 36-2 be amended with a NEW SECTION:

Upon receiving a written request or an authorization for release of a medical record, signed by a patient, a health care provider or medical records company shall provide a copy of the patient’s medical record, if available, to the patient or to any person duly authorized by the patient to receive the record.

Section 3. That chapter 36-2 be amended with a NEW SECTION:

A health care provider may not charge a patient a fee for access to the patient’s electronic health information through a patient portal.

Section 4. That chapter 36-2 be amended with a NEW SECTION:

A health care provider or a medical records company may charge the following fees:

(1) For a paper copy of a medical record not specified below, the fee may not exceed ten dollars for the first ten pages and thirty-three cents for each additional page;

(2) For an electronic copy of a medical record not specified below, the fee may not exceed twenty-five cents per page;

(3) For a printed copy of an x-ray, magnetic resonance imaging, computerized tomography scan, or any other form of medical imaging, the fee may not exceed ten dollars; and

(4) For an x-ray, magnetic resonance imaging, computerized tomography scan, or any other form of medical imaging copied onto a compact disc, digital video disc, or other transportable electronic media, the fee may not exceed fifteen dollars.

A health care provider or medical records company may also impose a charge to cover the cost of postage or shipping, together with any applicable tax.

Section 5. That chapter 36-2 be amended with a NEW SECTION:

If a patient directs a health care provider or a medical records company to provide a copy of the patient’s medical record directly to another person designated by the patient, or if a third party requests a copy of a patient’s medical record pursuant to an authorization signed by the patient, the healthcare provider or medical records company may charge, in addition to any other fee allowed under this Act, a fee to search for the medical record, regardless of whether any record is found. The search fee may not exceed eighteen dollars.

Section 6. That chapter 36-2 be amended with a NEW SECTION:

A health care provider or medical records company may charge a fee for providing a signed certification, attesting that the copy of the medical record is an accurate and complete copy of the patient's original medical record on file for the time period specified in the request. The certification fee may not exceed ten dollars.

Section 7. That chapter 36-2 be amended with a NEW SECTION:

Sections 1 to 6, inclusive, of this Act apply to any medical record produced by a health care provider or medical records company pursuant to a subpoena issued under the authority of a court, an administrative body, or other tribunal.

Section 8. That   36-2-17 be AMENDED:

36-2-17. A licensee, complying in good faith with sections 1 to 7, inclusive, of this Act, may not be held liable for any injury or damage proximately resulting from that compliance.

Section 9. That   36-2-16 be REPEALED.

An Act to authorize the provision of medical records and the imposition of related fees.

I certify that the attached Act originated in the: Senate as Bill No. 181 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 181 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2023 at ____________M. By