Bill Text: CA AB2059 | 2013-2014 | Regular Session | Amended
Bill Title: Medical records: electronic delivery.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-22 - Ordered to inactive file at the request of Senator Block. [AB2059 Detail]
Download: California-2013-AB2059-Amended.html
BILL NUMBER: AB 2059 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 15, 2014
AMENDED IN ASSEMBLY MAY 1, 2014
INTRODUCED BY Assembly Member Muratsuchi
FEBRUARY 20, 2014
An act to amend Section 1158 of the Evidence Code, relating to
evidence.
LEGISLATIVE COUNSEL'S DIGEST
AB 2059, as amended, Muratsuchi. Medical records: electronic
delivery.
Existing law requires certain enumerated health care providers to
make all of a patient's records under their custody or control
available for inspection and copying by an attorney at law, or his or
her representative, who presents a written authorization therefor,
as specified. Existing law provides that a person or entity that
fails to make the records available 5 days after the presentation of
the written authorization may be subject to reasonable expenses
incurred to enforce these provisions. Existing law further authorizes
any person or enumerated health care provider to charge the person
whose written authorization required the availability of the records
for the reasonable costs incurred in making the patient records
available, as specified.
This bill would require a health care provider , as
defined, to provide an electronic copy of a
an electronic medical record or electronic health 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 extend the period following
presentation of the written request and authorization
after which a health care provider that fails to make the records
available may be subject to reasonable expenses , including
court costs, incurred to enforce these provisions from 5 days
to 15 20 business days. The bill would
additionally authorize a health care provider that provides
electronic copies of medical records to charge the person whose
written authorization request required
the availability of the records for the reasonable costs incurred to
provide the electronic copies, as specified.
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 , agent, or subcontractor presents a
written request for medical records with an 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 or surviving spouse of
a deceased patient, or a copy thereof, a health care provider, as
defined in Section 1375.7 of the Health and Safety Code, shall make
all of the patient's records under that person's or entity's custody
or control available for inspection and copying by the attorney at
law or his or her representative, promptly upon
agent, or subcontractor within 20 business days of the
presentation of the written request and authorization.
(b) Copying of medical records pursuant to this section shall not
be performed by the health care provider or the health care provider'
s employer, or by an agent thereof, if 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 written request and 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 15 20 business days after the
presentation of the written request and authorization, may
subject the health care provider having custody or control of the
records to liability for all reasonable expenses, including attorney'
s fees and court costs , incurred in any proceeding to
enforce this section.
(d) If an electronic copy of a medical record is requested
pursuant to this section, the health care provider 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.
(d) If the records requested pursuant to
subdivision (a) are electronic medical records or electronic health
records stored on a digital or other electronic medium and the
requesting party requests delivery in a digital or electronic medium,
including electronic mail, the health care provider shall provide an
electronic copy of the requested medical records.
(e) (1) All reasonable costs incurred by the health care provider
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, includes, but is not
be limited to, the following specific costs:
(A) For paper copies of medical records requested pursuant to this
section, all of the following apply:
(i) Ten cents ($0.10) per page for standard reproduction of
documents of a size 81/2 by 14 inches or less.
(ii) 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.
(iii) 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.
(iv) Actual postage charges.
(v) The actual cost, if any, charged to the witness by a third
party for the retrieval and return of records held by that third
party.
(B) For electronic copies of medical records requested pursuant to
subdivision (d) that are provided by the health care provider in a
digital or other electronic medium including, but not limited to,
e-mail, both of the following apply:
(B) For electronic medical records or electronic health records
provided on a digital or other electronic medium, "reasonable cost"
includes only the following specific costs:
(i) X] cents ($0.X) per page.
(i) Twenty-five cents ($0.25) per page,
not to exceed one hundred twenty-five dollars ($125).
(ii) A retrieval or processing fee of XX] dollars ($XX).
in an amount not to exceed thirty dollars ($30).
(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 party for
retrieval and return of records held offsite by the third party.
(g) This section shall not be construed to supersede the
requirements or replace or in any way modify any privacy and
information security requirements and protections in federal law
regarding protected health information or personally identifiable
information, including, but not limited to, the federal Health
Insurance Portability and Accountability Act (HIPAA) and its
implementing regulations, or any rule promulgated by the Department
of Industrial Relations, Division of Workers' Compensation.
