The proposed bill aims to enhance patients' rights regarding their health care information by improving access and establishing enforcement protections for its appropriate use. Key provisions include a new section that permits health care providers and facilities to charge a reasonable fee for providing health care information, capped at $50 for electronic records delivered in an electronic format to specific individuals, such as the patient and their representatives. The bill mandates the Department of Health to create rules for determining reasonable fees based on actual costs rather than a per-page calculation. Additionally, it amends existing statutes to clarify definitions and processes related to health care information, removing outdated language regarding fees for duplicating records and introducing new terms to align with current practices.

The bill also emphasizes the responsibilities of health care providers in honoring patient authorizations and requires them to assist designated recipients in obtaining recorded health care information unless access is legally denied. It specifies that disclosure authorizations must be in writing and signed by the patient or their representative, and outlines the necessary components for such authorizations. Furthermore, the bill introduces provisions for disclosing health care information to various parties, including researchers and third-party payors, under certain conditions. It mandates that if a health care provider denies a patient's request for information, they must segregate disclosable information from that which is denied. The bill also includes amendments to protect patients' rights, allowing them to seek legal recourse if their rights are violated, and specifies that unauthorized disclosures of sensitive health information, such as that related to sexually transmitted diseases and mental health services, may lead to disciplinary action.

Statutes affected:
Original Bill: 70.02.010, 71.24.025, 70.02.080, 70.02.090, 70.02.170, 70.02.220
Substitute Bill: 70.02.010, 71.24.025, 70.02.080, 70.02.090, 70.02.170, 70.02.220