Bill Text: MS HB1428 | 2018 | Regular Session | Introduced
Bill Title: Medical records of patients; require to be provided within a certain time period.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [HB1428 Detail]
Download: Mississippi-2018-HB1428-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary A
By: Representative Lamar
House Bill 1428
AN ACT TO REQUIRE A PATIENT'S LICENSED PHYSICIAN, HEALTH CARE PROVIDER OR HEALTH CARE PRACTITIONER TO PROVIDE THE MEDICAL RECORDS OR COPIES OF MEDICAL RECORDS OF ANY PATIENT THAT REQUESTS SUCH RECORDS WITHIN 10 DAYS OF THE REQUEST; TO AMEND SECTION 41-9-65, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. If a patient or the personal representative or heir of the patient, or the attending medical personnel or duly authorized nominee of the patient requests a copy or production of the patient's medical records, the patient's physician, health care provider or health care practitioner to whom the request was made shall provide the requested medical records within ten (10) days of the request. Any person who is required by this section to provide such records and fails to provide such records as required by this section shall be liable for a penalty of Fifty Dollars ($50.00) per day for each day after the tenth day of the request that such patient has not received the requested records, which may be collected by action of the person who makes the request described in this section.
SECTION 2. Section 41-9-65, Mississippi Code of 1972, is amended as follows:
41-9-65. (1) Hospital records are and shall remain the property of the various hospitals, subject however to reasonable access to the information contained in the records upon good cause shown by the patient, his personal representatives or heirs, his attending medical personnel and his duly authorized nominees, subject to the provisions of Section 1 of House Bill ____, 2018 Regular Session, and upon payment of any reasonable charges for that service. Nothing in this section shall be construed to deny access to hospital records by representatives and officials of the State Department of Health, in the discharge of their official duties, under Sections 41-3-15, 41-23-1 and 41-23-2.
(2) Nothing in this section shall be construed to prevent an heir from obtaining access to a decedent's medical records under Section 41-10-3.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.
