Bill Text: NJ S664 | 2012-2013 | Regular Session | Introduced
Bill Title: Limits fee charged by hospital to patient for copy of treatment record.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S664 Detail]
Download: New_Jersey-2012-S664-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
SYNOPSIS
Limits fee charged by hospital to patient for copy of treatment record.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning patient access to hospital records, amending P.L.1989, c.170, and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1989, c.170 (C.26:2H-12.8) is amended to read as follows:
2. Every person admitted to a general hospital, as licensed by the [State] Department of Health and Senior Services pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), shall have the right:
a. To considerate and respectful care consistent with sound nursing and medical practices, which shall include being informed of the name and licensure status of a student nurse or facility staff member who examines, observes or treats the patient and the right to expect and receive appropriate assessment, management and treatment of pain as an integral component of that person's care;
b. To be informed of the name of the physician responsible for coordinating his care;
c. To obtain from the physician complete, current information concerning his diagnosis, treatment, and prognosis in terms he can reasonably be expected to understand. When it is not medically advisable to give this information to the patient, it shall be made available to another person designated by the patient on his behalf;
d. To receive from the physician information necessary to give informed consent prior to the start of any procedure or treatment and which, except for those emergency situations not requiring an informed consent, shall include as a minimum the specific procedure or treatment, the medically significant risks involved, and the possible duration of incapacitation, if any, as well as an explanation of the significance of the patient's informed consent. The patient shall be advised of any medically significant alternatives for care or treatment, however, this does not include experimental treatments that are not yet accepted by the medical establishment;
e. To refuse treatment to the extent permitted by law and to be informed of the medical consequences of this act;
f. To privacy to the extent consistent with providing adequate medical care to the patient. This shall not preclude discussion of a patient's case or examination of a patient by appropriate health care personnel;
g. To privacy and confidentiality of all records pertaining to his treatment, except as otherwise provided by law or third party payment contract, and to access to those records, including receipt of a copy thereof at reasonable cost in accordance with the provisions of section 2 of P.L. , c. (C. )(pending before the Legislature as this bill), upon request, unless his physician states in writing that access by the patient is not medically advisable;
h. To expect that within its capacity, the hospital will make reasonable response to his request for services, including the services of an interpreter in a language other than English if 10% or more of the population in the hospital's service area speaks that language;
i. To be informed by his physician of any continuing health care requirements which may follow discharge and to receive assistance from the physician and appropriate hospital staff in arranging for required follow-up care after discharge;
j. To be informed by the hospital of the necessity of transfer to another facility prior to the transfer and of any alternatives to it which may exist, which transfer shall not be effected unless it is determined by the physician to be medically necessary;
k. To be informed, upon request, of other health care and educational institutions that the hospital has authorized to participate in his treatment;
l. To be advised if the hospital proposes to engage in or perform human research or experimentation and to refuse to participate in these projects. For the purposes of this subsection "human research" does not include the mere collecting of statistical data;
m. To examine and receive an explanation of his bill, regardless of source of payment, and to receive information or be advised on the availability of sources of financial assistance to help pay for the patient's care, as necessary;
n. To expect reasonable continuity of care;
o. To be advised of the hospital rules and regulations that apply to his conduct as a patient;
p. To treatment without discrimination as to race, age, religion, sex, national origin, or source of payment; and
q. To contract directly with a New Jersey licensed registered professional nurse of the patient's choosing for private professional nursing care during his hospitalization. A registered professional nurse so contracted shall adhere to hospital policies and procedures in regard to treatment protocols and policies and procedures so long as those policies and procedures are the same for private duty and regularly employed nurses. The registered professional nurse shall not be considered an agent or employee of the hospital for purposes of any financial liabilities, including, but not limited to, State or federal employee taxes, worker's compensation payments or coverage for professional liability.
The hospital, upon a patient's or his designee's request for private professional nursing care, shall provide the patient or his designee with a list of local nonprofit professional nurses association registries that refer nurses for private professional nursing care.
(cf: P.L.2000, c.65, s.1)
2. (New section) a. A general hospital, licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.), may require that a request by a patient or the patient's designee for a copy of the patient's treatment record at the hospital be in writing.
b. The hospital shall not charge the patient or his designee, for a copy of the patient's treatment record, an amount that exceeds the following: for the first through the 10th page, $0.75 per page; for the 11th through the 20th page, $0.50 per page; and for all pages over 20, $0.25, and postage as applicable.
c. (1) The hospital may charge an additional fee, which exceeds the rates set forth in subsection b. of this section, for the reproduction of x-rays or other material within a patient's treatment record that cannot be routinely copied or duplicated on a commercial photocopy machine, which additional fee shall be no more than:
(a) the actual cost of reproducing those materials, including the cost of materials and supplies used to reproduce the materials but excluding the cost of labor or other overhead expenses associated with reproduction; or
(b) any fee charged to the hospital to retrieve those materials from another person or entity, as applicable.
(2) The additional fee that is charged pursuant to this subsection may include an administrative fee of the lesser of $10 or 10% of the actual cost of reproducing those materials to compensate for the time spent by personnel to retrieve those materials and for overhead costs.
3. This act shall take effect on the first day of the third month after the date of enactment.
STATEMENT
This bill is intended to ensure patient access to copies of hospital treatment records at a reasonable cost, as guaranteed in the statutory bill of rights for patients at general hospitals (P.L.1989, c.170; C.26:2H-12.7 et seq.).
The bill provides specifically as follows:
· A general hospital may require that a request by a patient or the patient's designee for a copy of the patient's treatment record at the hospital be in writing.
· The hospital is not to charge the patient or his designee, for a copy of the patient's treatment record, an amount that exceeds the following: for the first through the 10th page, $0.75 per page; for the 11th through the 20th page, $0.50 per page; and for all pages over 20, $0.25, and postage as applicable.
· The hospital may charge an additional fee, which exceeds the rates set forth above, for the reproduction of x-rays or other material within a patient's treatment record that cannot be routinely copied or duplicated on a commercial photocopy machine, which additional fee is to be no more than:
-- the actual cost of reproducing those materials, including the cost of materials and supplies used to reproduce the materials but excluding the cost of labor or other overhead expenses associated with reproduction; or
-- any fee charged to the hospital to retrieve those materials from another person or entity, as applicable.
· The additional fee that is charged pursuant to the bill may include an administrative fee of the lesser of $10 or 10% of the actual cost of reproducing those materials to compensate for the time spent by personnel to retrieve those materials and for overhead costs.
· The bill takes effect on the first day of the third month after the date of enactment.
