Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H4/19/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1886
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5 By: Representative Gazaway
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7 For An Act To Be Entitled
8 AN ACT CONCERNING ACCESS TO MEDICAL RECORDS FOR A
9 LEGAL PROCEEDING; CONCERNING FEES CHARGED FOR
10 DUPLICATION OF ELECTRONICALLY STORED MEDICAL RECORDS;
11 AND FOR OTHER PURPOSES.
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14 Subtitle
15 CONCERNING ACCESS TO MEDICAL RECORDS FOR
16 A LEGAL PROCEEDING; AND CONCERNING FEES
17 CHARGED FOR DUPLICATION OF ELECTRONICALLY
18 STORED MEDICAL RECORDS.
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21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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23 SECTION 1. Arkansas Code 16-46-106 is amended to read as follows:
24 16-46-106. Access to medical records for legal proceeding
25 Definitions.
26 (a)(1) In contemplation of, preparation for, or use in any legal
27 proceeding, any a person who is or has been a patient of a doctor, hospital,
28 ambulance provider, medical healthcare provider, or other medical institution
29 shall be medical provider is entitled to obtain access, personally or by and
30 through his or her attorney another person authorized to request the
31 patient's medical records, to the information in his or her patient's medical
32 records, upon request and with written patient authorization through a
33 written request, and shall be furnished copies of all requested medical
34 records pertaining to his or her case upon the tender of the expense of such
35 copy or copies after paying the relevant expense as described in this
36 section.
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1 (2)(b)(1) Cost of each photocopy, excluding X-rays, shall not exceed A
2 photocopy of a medical record shall not cost more than fifty cents (50) per
3 page for the first twenty-five (25) pages and twenty-five cents (25) for
4 each additional page.
5 (2)(A) A labor charge not exceeding fifteen dollars ($15.00) may
6 be added charged for each request for medical records under subdivision
7 subsection (a)(1) of this section, and the actual cost of any required
8 postage may also be charged.
9 (3)(B) Provided, however However, in the alternative to
10 the labor charge described in subdivision (a)(2)(b)(2)(A) of this section, a
11 reasonable retrieval fee for stored printed or written medical records of a
12 hospital, a physician's office, or an ambulance provider medical provider may
13 be added to the photocopy charges, only described in subdivision (b)(1) of
14 this section if the requested medical records are stored at a location other
15 than the location of the hospital, physician's office, or ambulance provider
16 medical provider.
17 (C) This subsection does not apply to electronically
18 stored medical records that have not been printed into a physical form or to
19 copies of an X-ray.
20 (c)(1) If medical records are requested under subsection (a) of this
21 section in an electronic format, the medical provider shall furnish the
22 medical records in an electronic format, including through secure electronic
23 transmission to the extent consistent with federal law.
24 (2) A medical provider is not required to produce medical
25 records in a specific electronic format under this subsection unless a
26 particular electronic format is required by the Arkansas Rules of Civil
27 Procedure or the court.
28 (3) Medical records requested in electronic format shall be
29 produced within thirty (30) days after receipt of the request unless a
30 different deadline is established under the Arkansas Rules of Civil Procedure
31 or by the court.
32 (4) The fee for producing the medical records under this
33 subsection is twenty dollars ($20.00).
34 (4) Provided, further, this
35 (5) This section shall does not prohibit reasonable fees for
36 narrative medical reports or medical review when performed by the physician
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1 or medical institution medical provider subject to the request for medical
2 records under this section, but only if a narrative medical report or medical
3 review is requested by the person or entity requesting the records.
4 (b)(1) If a doctor believes a patient should be denied access to his
5 or her medical records for any reason, the doctor must provide the patient or
6 the patient's guardian or attorney a written determination that disclosure of
7 such information would be detrimental to the individual's health or well-
8 being.
9 (2)(A) At such time, the patient or the patient's guardian or
10 attorney may select another doctor in the same type practice as the doctor
11 subject to the request to review such information and determine if disclosure
12 of such information would be detrimental to the patient's health or well-
13 being.
14 (B) If the second doctor determines, based upon
15 professional judgment, that disclosure of such information would not be
16 detrimental to the health or well-being of the individual, the medical
17 records shall be released to the patient or the patient's guardian or
18 attorney.
19 (3) If the determination is that disclosure of such information
20 would be detrimental, then it either will not be released or the
21 objectionable material will be obscured before release.
22 (4) The cost of this review of the patient's record will be
23 borne by the patient or the patient's guardian or attorney.
24 (c)(d)(1) Nothing in this section shall This section does not preclude
25 the existing subpoena process; however,.
26 (2) However, if a patient or the person authorized to request
27 the patients medical records is compelled to use the subpoena process in
28 order to obtain access to, or copies of, their own the patient's medical
29 records after reasonable requests have been made and a reasonable time has
30 expired, then the court issuing the subpoena and having jurisdiction over the
31 proceedings shall grant the patient or the person authorized to request the
32 patients medical records a reasonable attorney's fee plus costs of court
33 against the doctor, hospital, or medical institution medical provider.
34 (d)(e) This section does not apply to the Division of Correction
35 Department of Corrections.
36 (f)(1) If a request for the patients own medical records is submitted
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1 by the patient or a person authorized to request the patients medical
2 records, then access shall be provided according to all requirements of the
3 patient access regulations promulgated under the Health Insurance Portability
4 and Accountability Act of 1996 and the Health Information Technology for
5 Economic and Clinical Health Act, as they existed on January 1, 2021, and the
6 requirements of 45 C.F.R. 164.524, as it existed on January 1, 2021.
7 (2) The standards set forth in subdivision (f)(1) of this
8 section apply regardless of whether the patient or person authorized to
9 request the patients medical records requests that the records be sent to:
10 (A) The patient;
11 (B) A person authorized to request the patients medical
12 records;
13 (C) An attorney; or
14 (D) Another third party.
15 (3) If the request under subsection (a) of this section is
16 submitted by a party other than the patient or a person authorized to request
17 the patients medical records, the request must be accompanied by a written
18 authorization, and this section applies to the request.
19 (g) As used in this section:
20 (1) "Medical provider" means a doctor, hospital, ambulance
21 provider, medical healthcare provider, or other medical institution that
22 provides medical care;
23 (2) Person authorized to request the patients medical records
24 means a person who has authority under Arkansas law to act on behalf of a
25 patient in making decisions related to health care; and
26 (3)(A) "Photocopy" means a photographic copy of printed or
27 written material in a physical form.
28 (B) "Photocopy" does not include an electronically stored
29 record that has not been printed into a physical form.
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31 /s/Gazaway
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