Bill Text: CA AB1337 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1337 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Medical records: electronic delivery.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-10-06 - Chaptered by Secretary of State - Chapter 528, Statutes of 2015. [AB1337 Detail]

Download: California-2015-AB1337-Amended.html

BILL NUMBER: AB 1337	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2015

INTRODUCED BY   Assembly Member Linder

                        FEBRUARY 27, 2015

   An act to amend Section 1158 of the Evidence Code, relating to
evidence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1337, as amended, Linder. Medical records: electronic delivery.

   Existing law requires certain enumerated medical providers and
medical employers to make a patient's records available for
inspection and copying by an attorney, or his or her representative,
who presents a written authorization therefor, as specified.
   This bill would require a medical provider or employer, or an
agent thereof, to provide an electronic copy of a medical record,
when an electronic a copy is requested, if the medical record exists
in digital or electronic format and the medical record can be
delivered electronically.  The bill would also require a medical
provider or employer to accept a prescribed authorization form once
completed and signed by the patient, as specified, and would prohibit
a medical provider or employer from conditioning  
treatment, payment, enrollment, or eligibility for benefits on the
submission of an authorization for the release of records. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1158 of the Evidence Code is amended to read:
   1158.  (a) Before the filing of any action or the appearance of a
defendant in an action,  if  an attorney at law or his or
her representative presents a written authorization therefor signed
by an adult patient, by the guardian or conservator of his or her
person or estate, or, in the case of a minor, by a parent or guardian
of the minor, or by the personal representative or an heir of a
deceased patient, or a copy thereof, a physician and surgeon,
dentist, registered nurse, dispensing optician, registered physical
therapist, podiatrist, licensed psychologist, osteopathic physician
and surgeon, chiropractor, clinical laboratory bioanalyst, clinical
laboratory technologist, or pharmacist or pharmacy, duly licensed as
such under the laws of the state, or a licensed  hospital,
  hospital  shall  , upon  
presentation of the written authorization, promptly  make all of
the patient's records under that person or entity's custody or
control available for inspection and copying by the attorney at law
or his or her  representative, promptly upon the presentation
of the written authorization.   representative. 
   (b) Copying of medical records shall not be performed by any
medical provider or employer described in subdivision (a), or by an
agent thereof, when the requesting attorney has employed a
professional photocopier or anyone identified in Section 22451 of the
Business and Professions Code as his or her representative to obtain
or review the records on his or her behalf. The presentation of the
authorization by the agent on behalf of the attorney shall be
sufficient proof that the agent is the attorney's representative.
   (c) Failure to make the records available during business hours,
within five days after the presentation of the written authorization,
may subject the person or entity having custody or control of the
records to liability for all reasonable expenses, including attorney'
s fees, incurred in any proceeding to enforce this section.
   (d) (1) All reasonable costs incurred by any person or entity
described in subdivision (a) in making patient records available
pursuant to this section may be charged against the person whose
written authorization required the availability of the records.
   (2) "Reasonable cost," as used in this section, shall include, but
not be limited to, the following specific costs: ten cents ($0.10)
per page for standard reproduction of documents of a size 81/2 by 14
inches or less; twenty cents ($0.20) per page for copying of
documents from microfilm; actual costs for the reproduction of
oversize documents or the reproduction of documents requiring special
processing which are made in response to an authorization;
reasonable clerical costs incurred in locating and making the records
available to be billed at the maximum rate of sixteen dollars ($16)
per hour per person, computed on the basis of four dollars ($4) per
quarter hour or fraction thereof; actual postage charges; and actual
costs, if any, charged to the witness by a third person for the
retrieval and return of records held by that third person.
   (e) If the records are delivered to the attorney or the attorney's
representative for inspection or photocopying at the record
custodian's place of business, the only fee for complying with the
authorization shall not exceed fifteen dollars ($15), plus actual
costs, if any, charged to the record custodian by a third person for
retrieval and return of records held offsite by the third person.
   (f) If an electronic copy of a medical record is requested, the
medical provider or employer described in subdivision (a), or an
agent thereof, shall provide an electronic copy of the requested
medical record if the medical record exists in a digital or
electronic format that can be delivered electronically. 
   (g) (1) A medical provider or employer described in subdivision
(a) shall not condition treatment, payment, enrollment, or
eligibility for benefits on the submission of an authorization form
pursuant to subdivision (a).  
   (2) A medical provider or employer described in subdivision (a)
shall accept a signed and completed authorization form for the
disclosure of health information that is in substantially the
following form: 
        AUTHORIZATION FOR DISCLOSURE OF HEALTH 
 INFORMATION PURSUANT TO EVIDENCE CODE SECTION 1158 
 The undersigned authorizes the medical provider 
 or employer designated below to disclose 
 specified medical records to a designated 
 recipient. The medical provider or employer shall 
 not condition treatment, payment, enrollment, or 
 eligibility for benefits on the submission of 
 this authorization. 
 Medical provider or employer: ________________ 
 Patient name: ________________
 Medical record number: ________________ 
 Date of birth: ________________ 
 Address: ________________ 
 Telephone number: ________________ 
 Email: ________________ 
 Recipient name: ________________ 
 Recipient address: ________________ 
 Recipient telephone number: ________________ 
 Recipient email: ________________ 
 Health information requested (check all that 
 apply): 
 ___Records dated from ________ to ________. 
 ___Radiology records: ________ images or films 
 ________ reports. 
 ___Laboratory results dated from ________ to 
 ________. 
 ___All records. 
 ___Records related to a specific injury, 
 treatment, or other purpose (specify): 
 ________________. 
 Note: records may include information related to 
 mental health, alcohol or drug use, and HIV or 
 AIDS. However, treatment records from mental 
 health and alcohol or drug departments and 
 results of HIV tests will not be disclosed unless 
 specifically requested (check all that apply): 
 ___Mental health records dated from ________ to 
 ________. 
 ___Alcohol or drug records dated from ________ to 
 ________. 
 ___HIV test results dated from ________ to 
 _______. 
 Method of delivery of requested records: 
 ___Mail 
 ___Pick up 
 ___Electronic delivery 
 This authorization is effective for one year from 
 the date of the signature unless a different date 
 is specified here: ________________. 
 This authorization may be revoked upon written 
 request, but any revocation will not apply to 
 information disclosed before receipt of the 
 written request. 
 A copy of this authorization is as valid as the 
 original. The undersigned has the right to 
 receive a copy of this authorization. 
 Notice: Once the requested health information is 
 disclosed, any disclosure of the information by 
 the recipient may no longer be protected under 
 the federal Health Insurance Portability and 
 Accountability Act of 1996 (HIPAA). 
 Patient signature*: ________________ 
 Date: ________________ 
Print name: ________________ 
 *If not signed by the patient, please indicate 
 relationship to the patient (check one, if 
 applicable): 
 ___Parent or guardian of minor patient who could 
 not have consented to health care. 
 ___Guardian or conservator of an incompetent 
 patient. 
 ___Beneficiary or personal representative of 
 deceased patient.