BILL NUMBER: AB 1337 CHAPTERED
BILL TEXT
CHAPTER 528
FILED WITH SECRETARY OF STATE OCTOBER 6, 2015
APPROVED BY GOVERNOR OCTOBER 6, 2015
PASSED THE SENATE AUGUST 20, 2015
PASSED THE ASSEMBLY AUGUST 24, 2015
AMENDED IN SENATE JULY 16, 2015
AMENDED IN SENATE JUNE 22, 2015
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, 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 attorney, as
defined, to provide an electronic copy of a medical record that is
maintained electronically, upon request. The bill would also require
a medical provider to accept a prescribed authorization form once
completed and signed by the patient if the medical provider
determines that the form is valid.
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) For purposes of this section, "medical provider" means
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.
(b) 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, to a medical provider, the medical
provider shall promptly make all of the patient's records under the
medical provider's custody or control available for inspection and
copying by the attorney at law or his or her representative.
(c) Copying of medical records shall not be performed by a medical
provider, 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.
(d) Failure to make the records available during business hours,
within five days after the presentation of the written authorization,
may subject the medical provider 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.
(e) (1) All reasonable costs incurred by a medical provider in
making patient records available pursuant to this section may be
charged against the attorney who requested 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.
(f) 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.
(g) If the records requested pursuant to subdivision (b) are
maintained electronically and if the requesting party requests an
electronic copy of such information, the medical provider shall
provide the requested medical records in the electronic form and
format requested by the requesting party, if it is readily producible
in such form and format, or, if not, in a readable form and format
as agreed to by the medical provider and the requesting party.
(h) A medical provider shall accept a signed and completed
authorization form for the disclosure of health information if both
of the following conditions are satisfied:
(1) The medical provider determines that the form is valid.
(2) The form is printed in a typeface no smaller than 14-point
type and is in substantially the following form:
AUTHORIZATION FOR DISCLOSURE OF HEALTH
INFORMATION PURSUANT TO EVIDENCE CODE
SECTION 1158
The undersigned authorizes the medical provider
designated below to disclose specified medical
records to a designated recipient. The medical
provider shall not condition treatment,
payment, enrollment, or eligibility for benefits
on the submission of this authorization.
Medical provider: ________________
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________digital/CD, if available.
___Laboratory results dated.
___Laboratory results regarding specific test(s)
only (specify)________.
___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.
___Alcohol or drug records.
___HIV test results.
Method of delivery of requested records:
___Mail
___Pick up
___Electronic delivery, recipient
email:________________
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.