Under present law, hospital records are and must remain the property of the various hospitals, subject, however, to court order to produce the records. Unless restricted by state or federal law or regulation, a hospital must furnish to a patient or a patient's authorized representative such part or parts of the patient's hospital records without unreasonable delay upon request in writing by the patient or the representative.
This bill requires that, as authorized by federal regulations, if the patient becomes incapacitated or dies and there is no authorized representative for the patient, then the following individuals are considered to be authorized representatives for the patient:
(1) The surviving spouse;
(2) If there is no surviving spouse, any surviving child; and
(3) If there is no surviving child, any parent.
ON FEBRUARY 22, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1639, AS AMENDED.
AMENDMENT #1 applies to other healthcare facilities licensed or regulated by the board for licensing healthcare facilities the requirements in the bill about furnishing to a patient or a patient's authorized representative, such part or parts of the patient's hospital records without unreasonable delay upon request in writing by the patient or the representative.

Statutes affected:
Introduced: 68-11-304