As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 508 5
1999-2000 6
REPRESENTATIVES OLMAN-WILLAMOWSKI-PATTON-REDFERN-ALLEN- 8
TERWILLEGER-HARTNETT-CALLENDER-D. MILLER-BRITTON-VESPER- 9
PERRY-JOLIVETTE-LOGAN-OGG-TAYLOR-GERBERRY-PETERSON-R. MILLER- 10
KRUPINSKI-J. BEATTY-DePIERO-HARRIS-CORBIN-HOOPS-SUTTON-HOLLISTER- 11
EVANS-BENDER-WISON-WOMER BENJAMIN-JONES 12
_________________________________________________________________ 13
A B I L L
To amend section 3701.74 and to enact sections 15
3701.741 and 3701.742 of the Revised Code 16
relative to the fees health care providers and
medical records companies may charge for 17
providing copies of medical records. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 3701.74 be amended and sections 22
3701.741 and 3701.742 of the Revised Code be enacted to read as 23
follows:
Sec. 3701.74. (A) As used in this section AND SECTION 32
3701.741 OF THE REVISED CODE: 33
(1) "Hospital" means any institution registered as a 35
hospital with the department of health pursuant to section 36
3701.07 of the Revised Code CHIROPRACTOR" MEANS AN INDIVIDUAL 37
LICENSED UNDER CHAPTER 4734. OF THE REVISED CODE TO PRACTICE 38
CHIROPRACTIC.
(2) "HEALTH CARE PROVIDER" HAS THE SAME MEANING AS IN 40
SECTION 3729.01 OF THE REVISED CODE AND ALSO INCLUDES A GENERAL 41
X-RAY MACHINE OPERATOR, RADIOGRAPHER, RADIATION THERAPY 42
TECHNOLOGIST, OR NUCLEAR MEDICINE TECHNOLOGIST LICENSED UNDER 43
CHAPTER 4773. OF THE REVISED CODE.
(3) "Medical record" means DATA IN any document or 45
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combination of documents FORM that pertains to a patient's 47
medical history, diagnosis, prognosis, or medical condition and 48
that is generated and maintained BY A HEALTH CARE PROVIDER in the 50
process of the patient's health care treatment at. IN THE CASE 51
OF a hospital.
(3), "Finalized medical record" means a medical record 53
that is complete according to a THE hospital's bylaws. 54
(4) "MEDICAL RECORDS COMPANY" MEANS A PERSON WHO STORES, 56
LOCATES, OR COPIES MEDICAL RECORDS FOR A HEALTH CARE PROVIDER, OR 58
IS COMPENSATED FOR DOING SO BY A HEALTH CARE PROVIDER, AND
CHARGES A FEE FOR PROVIDING MEDICAL RECORDS TO A PATIENT OR 60
PATIENT'S REPRESENTATIVE.
(5) "Patient" means any individual who received health 62
care treatment at a hospital FROM A HEALTH CARE PROVIDER, OR THE 64
INDIVIDUAL'S GUARDIAN AS DEFINED IN SECTION 1337.11 OF THE 66
REVISED CODE.
(6) "PATIENT'S REPRESENTATIVE" MEANS A PERSON TO WHOM A 68
PATIENT HAS GIVEN WRITTEN AUTHORIZATION TO ACT ON THE PATIENT'S 69
BEHALF REGARDING THE PATIENT'S MEDICAL RECORDS, EXCEPT THAT IF 70
THE PATIENT IS DECEASED, "PATIENT REPRESENTATIVE" MEANS THE 71
EXECUTOR OR ADMINISTRATOR OF THE PATIENT'S ESTATE OR THE PERSON 72
RESPONSIBLE FOR THE PATIENT'S ESTATE IF IT IS NOT TO BE PROBATED. 73
(7) "PHYSICIAN" MEANS A PERSON AUTHORIZED UNDER CHAPTER 75
4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND SURGERY, 76
OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY. 77
(B) A hospital shall prepare a finalized medical record 79
for each patient who receives health care treatment at the 80
hospital, within a reasonable time after treatment. 81
(C) A patient OR PATIENT'S REPRESENTATIVE who wishes to 83
examine or obtain a copy of part or all of a finalized medical 85
record covering a prior inpatient stay or outpatient treatment 86
shall submit to the hospital HEALTH CARE PROVIDER a signed, 88
written request dated not more than sixty days before the date on 89
which it is submitted. The patient OR PATIENT'S REPRESENTATIVE 90
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who wishes to obtain a copy of the record shall indicate in the 91
request whether the copy is to be sent to the patient's 92
residence, PHYSICIAN OR CHIROPRACTOR, OR REPRESENTATIVE, or held 93
for the patient at the hospital OFFICE OF THE HEALTH CARE 94
PROVIDER. Within a reasonable time after receiving a request 96
that meets the requirements of this division and includes 97
sufficient information to identify the record requested, the 98
hospital A HEALTH CARE PROVIDER THAT HAS THE PATIENT'S MEDICAL 99
RECORDS shall permit the patient OR THE PATIENT'S REPRESENTATIVE 101
to examine the record during regular business hours WITHOUT 102
CHARGE or, ON REQUEST, shall provide a copy of the record in 105
accordance with the request SECTION 3701.741 OF THE REVISED CODE, 106
except that if a physician who has treated the patient determines 107
for clearly stated treatment reasons that disclosure of the 108
requested record is likely to have an adverse effect on the 109
patient, the hospital HEALTH CARE PROVIDER shall provide the 111
record to a physician designated by the patient. The hospital 112
HEALTH CARE PROVIDER shall take reasonable steps to establish the 114
identity of the patient examining, PERSON MAKING THE REQUEST TO
EXAMINE or requesting OBTAIN a copy of, the patient's record. 116
(D)(C) If a hospital HEALTH CARE PROVIDER fails to furnish 119
a finalized medical record as required by division (C)(B) of this 120
section, the patient OR PATIENT'S REPRESENTATIVE who requested 122
the record may bring a civil action to enforce the patient's 123
right of access to the record.
(E)(D) This section does not apply to medical records 125
whose release is covered by Chapter 1347. or 5122. of the Revised 126
Code or by 42 C.F.R. part 2, "Confidentiality of Alcohol and Drug 127
Abuse Patient Records." Nothing in this section is intended to 128
supersede the confidentiality provisions of sections 2305.24 to 129
2305.251 of the Revised Code. 130
Sec. 3701.741. (A) EACH HEALTH CARE PROVIDER AND MEDICAL 132
RECORDS COMPANY SHALL PROVIDE COPIES OF MEDICAL RECORDS IN 133
ACCORDANCE WITH THIS SECTION. 134
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(B) EXCEPT AS PROVIDED IN DIVISIONS (C) AND (D) OF THIS 137
SECTION, AND SUBJECT TO SECTION 3701.742 OF THE REVISED CODE, A
HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY THAT RECEIVES A 138
REQUEST FOR A COPY OF A PATIENT'S MEDICAL RECORD, MAY CHARGE AN 139
AMOUNT NOT EXCEEDING THE SUM OF THE FOLLOWING:
(1) AN INITIAL FEE OF FIFTEEN DOLLARS, WHICH SHALL 141
COMPENSATE FOR THE RECORDS SEARCH AND, WITH RESPECT TO DATA 142
RECORDED ON PAPER, THE FIRST TEN PAGES OF THE RECORD; 143
(2) WITH RESPECT TO DATA RECORDED ON PAPER, TWENTY CENTS 146
PER PAGE FOR ALL PAGES PROVIDED AFTER THE FIRST TEN;
(3) WITH RESPECT TO DATA RECORDED OTHER THAN ON PAPER, THE 148
ACTUAL COST OF MAKING THE COPY; 149
(4) THE ACTUAL COST OF ANY RELATED POSTAGE INCURRED BY THE 151
HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY. 152
(C) A HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY 154
SHALL PROVIDE ONE COPY WITHOUT CHARGE TO THE FOLLOWING: 155
(1) A PHYSICIAN OR CHIROPRACTOR, IF THE PHYSICIAN OR 157
CHIROPRACTOR REQUESTING THE MEDICAL RECORD HAS OBTAINED A 158
PROPERLY EXECUTED MEDICAL RECORDS RELEASE FORM FROM THE PATIENT 159
OR THE PATIENT'S REPRESENTATIVE;
(2) THE BUREAU OF WORKERS' COMPENSATION, THE INDUSTRIAL 161
COMMISSION, OR THE DEPARTMENT OF HUMAN SERVICES, IF THE 162
GOVERNMENTAL ENTITY REQUESTING THE MEDICAL RECORD HAS OBTAINED A 163
PROPERLY EXECUTED MEDICAL RECORDS RELEASE FORM FROM THE PATIENT 164
OR THE PATIENT'S REPRESENTATIVE;
(3) A PATIENT OR PATIENT'S REPRESENTATIVE IF THE MEDICAL 167
RECORD IS NECESSARY TO SUPPORT A CLAIM UNDER TITLE II OR TITLE 169
XVI OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42 171
U.S.C.A. 401 AND 1381, AS AMENDED, AND THE REQUEST IS ACCOMPANIED 172
BY DOCUMENTATION THAT A CLAIM HAS BEEN OR WILL BE FILED.
(D) A HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY MAY 174
ENTER INTO A CONTRACT WITH A PATIENT'S REPRESENTATIVE OR AN 175
INSURANCE COMPANY FOR THE COPYING OF MEDICAL RECORDS AT A FEE 176
OTHER THAN AS PROVIDED IN DIVISION (B) OF THIS SECTION. 177
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Sec. 3701.742. NOT LATER THAN JANUARY 31, 2002, THE 179
AMOUNTS SPECIFIED IN DIVISION (B) OF SECTION 3701.741 OF THE 180
REVISED CODE AND, NOT LATER THAN THE THIRTY-FIRST DAY OF JANUARY 181
OF EACH YEAR THEREAFTER, ANY AMOUNTS COMPUTED BY ADJUSTMENTS MADE 182
UNDER THIS SECTION, SHALL BE INCREASED OR DECREASED BY THE 183
AVERAGE PERCENTAGE OF INCREASE OR DECREASE IN THE CONSUMER PRICE 184
INDEX FOR ALL URBAN CONSUMERS (UNITED STATES CITY AVERAGE, ALL 185
ITEMS), PREPARED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU 186
OF LABOR STATISTICS, FOR THE TWELVE-CALENDAR-MONTH PERIOD PRIOR 187
TO THE IMMEDIATELY PRECEDING FIRST DAY OF JANUARY OVER THE 188
IMMEDIATELY PRECEDING TWELVE-CALENDAR-MONTH PERIOD, AS REPORTED 189
BY THE BUREAU. THE DIRECTOR OF HEALTH SHALL MAKE THIS
DETERMINATION AND ADJUST THE AMOUNTS ACCORDINGLY. THE DIRECTOR 190
SHALL PROVIDE A LIST OF THE ADJUSTED AMOUNTS TO ANY PARTY UPON 191
REQUEST.
Section 2. That existing section 3701.74 of the Revised 193
Code is hereby repealed. 194