As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 508   5            

      1999-2000                                                    6            


     REPRESENTATIVES OLMAN-WILLAMOWSKI-PATTON-REDFERN-ALLEN-       7            

    TERWILLEGER-HARTNETT-CALLENDER-D. MILLER-BRITTON-VESPER-       8            

  PERRY-JOLIVETTE-LOGAN-OGG-TAYLOR-GERBERRY-PETERSON-R. MILLER-    9            

KRUPINSKI-J. BEATTY-DePIERO-HARRIS-CORBIN-HOOPS-SUTTON-HOLLISTER-  10           

 EVANS-BENDER-WILSON-WOMER BENJAMIN-JONES-DISTEL-VERICH-HARTLEY-   11           

METTLER-TIBERI-BUEHRER-DAMSCHRODER-MOTTLEY-SCHULER-BOYD-BARRETT-   12           

  O'BRIEN-GOODING-BARNES-CATES-FERDERBER-JACOBSON-SMITH-WIDENER    13           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend section 3701.74 and to enact sections        16           

                3701.741 and 3701.742 of the Revised Code          17           

                relative to the fees health care providers and                  

                medical records companies may charge for           18           

                providing copies of medical records.               19           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That section 3701.74 be amended and sections     23           

3701.741 and 3701.742 of the Revised Code be enacted to read as    24           

follows:                                                                        

      Sec. 3701.74.  (A)  As used in this section AND SECTION      33           

3701.741 OF THE REVISED CODE:                                      34           

      (1)  "Hospital" means any institution registered as a        36           

hospital with the department of health pursuant to section         37           

3701.07 of the Revised Code CHIROPRACTOR" MEANS AN INDIVIDUAL      38           

LICENSED UNDER CHAPTER 4734. OF THE REVISED CODE TO PRACTICE       39           

CHIROPRACTIC.                                                                   

      (2)  "HEALTH CARE PROVIDER" HAS THE SAME MEANING AS IN       41           

SECTION 3729.01 OF THE REVISED CODE.                               42           

      (3)  "Medical record" means DATA IN any document or          44           

combination of documents FORM that pertains to a patient's         46           

                                                          2      


                                                                 
medical history, diagnosis, prognosis, or medical condition and    47           

that is generated and maintained BY A HEALTH CARE PROVIDER in the  49           

process of the patient's health care treatment at a hospital.      50           

      (3)  "Finalized medical record" means a medical record that  53           

is complete according to a hospital's bylaws.                                   

      (4)  "MEDICAL RECORDS COMPANY" MEANS A PERSON WHO STORES,    55           

LOCATES, OR COPIES MEDICAL RECORDS FOR A HEALTH CARE PROVIDER, OR  57           

IS COMPENSATED FOR DOING SO BY A HEALTH CARE PROVIDER, AND                      

CHARGES A FEE FOR PROVIDING MEDICAL RECORDS TO A PATIENT OR        59           

PATIENT'S REPRESENTATIVE.                                                       

      (5)  "Patient" means any EITHER OF THE FOLLOWING:            61           

      (a)  AN individual who received health care treatment at a   64           

hospital FROM A HEALTH CARE PROVIDER;                                           

      (b)  A GUARDIAN, AS DEFINED IN SECTION 1337.11 OF THE        67           

REVISED CODE, OF AN INDIVIDUAL DESCRIBED IN DIVISION (A)(5)(a) OF  68           

THIS SECTION.                                                                   

      (6)  "PATIENT'S REPRESENTATIVE" MEANS A PERSON TO WHOM A     70           

PATIENT HAS GIVEN WRITTEN AUTHORIZATION TO ACT ON THE PATIENT'S    71           

BEHALF REGARDING THE PATIENT'S MEDICAL RECORDS, EXCEPT THAT IF     72           

THE PATIENT IS DECEASED, "PATIENT'S REPRESENTATIVE" MEANS THE      73           

EXECUTOR OR ADMINISTRATOR OF THE PATIENT'S ESTATE OR THE PERSON    74           

RESPONSIBLE FOR THE PATIENT'S ESTATE IF IT IS NOT TO BE PROBATED.  75           

"PATIENT'S REPRESENTATIVE" DOES NOT INCLUDE AN INSURER AUTHORIZED  76           

UNDER TITLE XXXIX OF THE REVISED CODE TO DO THE BUSINESS OF                     

SICKNESS AND ACCIDENT INSURANCE IN THIS STATE OR A HEALTH          77           

INSURING CORPORATION HOLDING A CERTIFICATE OF AUTHORITY UNDER      78           

CHAPTER 1751. OF THE REVISED CODE.                                              

      (7)  "PHYSICIAN" MEANS A PERSON AUTHORIZED UNDER CHAPTER     80           

4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND SURGERY,        81           

OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY.                     82           

      (B)  A hospital shall prepare a finalized medical record     84           

for each patient who receives health care treatment at the         85           

hospital, within a reasonable time after treatment.                86           

      (C)  A patient OR PATIENT'S REPRESENTATIVE who wishes to     88           

                                                          3      


                                                                 
examine or obtain a copy of part or all of a finalized medical     90           

record covering a prior inpatient stay or outpatient treatment     91           

shall submit to the hospital HEALTH CARE PROVIDER a signed,        93           

written request SIGNED BY THE PATIENT dated not more than sixty    94           

days before the date on which it is submitted.  The patient OR     96           

PATIENT'S REPRESENTATIVE who wishes to obtain a copy of the        98           

record shall indicate in the request whether the copy is to be     99           

sent to the patient's residence, PHYSICIAN OR CHIROPRACTOR, OR     100          

REPRESENTATIVE, or held for the patient at the hospital OFFICE OF  101          

THE HEALTH CARE PROVIDER.  Within a reasonable time after          102          

receiving a request that meets the requirements of this division   103          

and includes sufficient information to identify the record         104          

requested, the hospital A HEALTH CARE PROVIDER THAT HAS THE        106          

PATIENT'S MEDICAL RECORDS shall permit the patient to examine the  107          

record during regular business hours WITHOUT CHARGE or, ON         108          

REQUEST, shall provide a copy of the record in accordance with     111          

the request SECTION 3701.741 OF THE REVISED CODE, except that if   112          

a physician OR CHIROPRACTOR who has treated the patient            113          

determines for clearly stated treatment reasons that disclosure    115          

of the requested record is likely to have an adverse effect on     116          

the patient, the hospital HEALTH CARE PROVIDER shall provide the   118          

record to a physician OR CHIROPRACTOR designated by the patient.   120          

The hospital HEALTH CARE PROVIDER shall take reasonable steps to   121          

establish the identity of the patient examining, PERSON MAKING     122          

THE REQUEST TO EXAMINE or requesting OBTAIN a copy of, the         124          

patient's record.                                                               

      (D)(C)  If a hospital HEALTH CARE PROVIDER fails to furnish  127          

a finalized medical record as required by division (C)(B) of this  128          

section, the patient OR PATIENT'S REPRESENTATIVE who requested     130          

the record may bring a civil action to enforce the patient's       131          

right of access to the record.                                                  

      (E)(D)(1)  This section does not apply to medical records    134          

whose release is covered by SECTION 173.20 OR 3721.13 OF THE       135          

REVISED CODE, BY Chapter 1347. or 5122. of the Revised Code or,    137          

                                                          4      


                                                                 
by 42 C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse    138          

Patient Records.," Nothing OR BY 42 C.F.R. 483.10.                 140          

      (2)  NOTHING in this section is intended to supersede the    143          

confidentiality provisions of sections 2305.24 to 2305.251 of the  144          

Revised Code.                                                                   

      Sec. 3701.741.  (A)  THROUGH DECEMBER 31, 2004, EACH HEALTH  147          

CARE PROVIDER AND MEDICAL RECORDS COMPANY SHALL PROVIDE COPIES OF  148          

MEDICAL RECORDS IN ACCORDANCE WITH THIS SECTION.                   149          

      (B)  EXCEPT AS PROVIDED IN DIVISIONS (C) AND (E) OF THIS     152          

SECTION, A HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY THAT    153          

RECEIVES A REQUEST FOR A COPY OF A PATIENT'S MEDICAL RECORD MAY    154          

CHARGE NOT MORE THAN THE AMOUNTS SET FORTH IN THIS SECTION.                     

TOTAL COSTS FOR COPIES AND ALL SERVICES RELATED TO THOSE COPIES    155          

SHALL NOT EXCEED THE SUM OF THE FOLLOWING:                         156          

      (1)  AN INITIAL FEE OF FIFTEEN DOLLARS, WHICH SHALL          158          

COMPENSATE FOR THE RECORDS SEARCH;                                 159          

      (2)  WITH RESPECT TO DATA RECORDED ON PAPER, THE FOLLOWING   162          

AMOUNTS:                                                                        

      (a)  ONE DOLLAR PER PAGE FOR THE FIRST TEN PAGES;            164          

      (b)  FIFTY CENTS PER PAGE FOR PAGES ELEVEN THROUGH FIFTY;    166          

      (c)  TWENTY CENTS PER PAGE FOR PAGES FIFTY-ONE AND HIGHER.   168          

      (3)  WITH RESPECT TO DATA RECORDED OTHER THAN ON PAPER, THE  170          

ACTUAL COST OF MAKING THE COPY;                                    171          

      (4)  THE ACTUAL COST OF ANY RELATED POSTAGE INCURRED BY THE  173          

HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY.                   174          

      (C)  A HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY       176          

SHALL PROVIDE ONE COPY WITHOUT CHARGE TO THE FOLLOWING:            177          

      (1)  THE BUREAU OF WORKERS' COMPENSATION, IN ACCORDANCE      179          

WITH CHAPTERS 4121. AND 4123. OF THE REVISED CODE AND THE RULES    180          

ADOPTED UNDER THOSE CHAPTERS;                                      181          

      (2)  THE INDUSTRIAL COMMISSION, IN ACCORDANCE WITH CHAPTERS  183          

4121. AND 4123. OF THE REVISED CODE AND THE RULES ADOPTED UNDER    184          

THOSE CHAPTERS;                                                                 

      (3)  THE DEPARTMENT OF JOB AND FAMILY SERVICES, IN           186          

                                                          5      


                                                                 
ACCORDANCE WITH CHAPTER 5101. OF THE REVISED CODE AND THE RULES    187          

ADOPTED UNDER THOSE CHAPTERS;                                                   

      (4)  A PATIENT OR PATIENT'S REPRESENTATIVE IF THE MEDICAL    190          

RECORD IS NECESSARY TO SUPPORT A CLAIM UNDER TITLE II OR TITLE     192          

XVI OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42          194          

U.S.C.A. 401 AND 1381, AS AMENDED, AND THE REQUEST IS ACCOMPANIED  195          

BY DOCUMENTATION THAT A CLAIM HAS BEEN FILED.                                   

      (D)  DIVISION (C) OF THIS SECTION SHALL NOT BE CONSTRUED TO  198          

SUPERSEDE ANY RULE OF THE BUREAU OF WORKERS' COMPENSATION, THE                  

INDUSTRIAL COMMISSION, OR THE DEPARTMENT OF JOB AND FAMILY         199          

SERVICES.                                                                       

      (E)  A HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY MAY   202          

ENTER INTO A CONTRACT WITH A PATIENT, A PATIENT'S REPRESENTATIVE,  203          

OR AN INSURER FOR THE COPYING OF MEDICAL RECORDS AT A FEE OTHER    204          

THAN AS PROVIDED IN DIVISION (B) OF THIS SECTION.                  205          

      (F)  THIS SECTION DOES NOT APPLY TO EITHER OF THE            207          

FOLLOWING:                                                                      

      (1)  COPIES OF MEDICAL RECORDS PROVIDED TO INSURERS          209          

AUTHORIZED UNDER TITLE XXXIX OF THE REVISED CODE TO DO THE         210          

BUSINESS OF SICKNESS AND ACCIDENT INSURANCE IN THIS STATE OR       211          

HEALTH INSURING CORPORATIONS HOLDING A CERTIFICATE OF AUTHORITY    212          

UNDER CHAPTER 1751. OF THE REVISED CODE;                                        

      (2)  MEDICAL RECORDS THE COPYING OF WHICH IS COVERED BY      215          

SECTION 173.20 OF THE REVISED CODE OR BY 42 C.F.R. 483.10.         216          

      (G)  NOTHING IN THIS SECTION REQUIRES OR PRECLUDES THE       219          

DISTRIBUTION OF MEDICAL RECORDS AT ANY PARTICULAR COST OR FEE TO                

INSURERS AUTHORIZED UNDER TITLE XXXIX OF THE REVISED CODE TO DO    221          

THE BUSINESS OF SICKNESS AND ACCIDENT INSURANCE IN THIS STATE OR   222          

HEALTH INSURING CORPORATIONS HOLDING A CERTIFICATE OF AUTHORITY    223          

UNDER CHAPTER 1751. OF THE REVISED CODE.                                        

      Sec. 3701.742.  IF THE DATE SPECIFIED IN SECTION 3701.741    225          

OF THE REVISED CODE IS AMENDED TO REFLECT A DATE THAT OCCURS       226          

AFTER DECEMBER 31, 2004, THEN NOT LATER THAN JANUARY 31, 2005,     227          

THE AMOUNTS SPECIFIED IN DIVISION (B) OF SECTION 3701.741 OF THE   228          

                                                          6      


                                                                 
REVISED CODE AND, NOT LATER THAN THE FIRST DAY OF JANUARY OF EACH  229          

YEAR THEREAFTER, ANY AMOUNTS COMPUTED BY ADJUSTMENTS MADE UNDER    230          

THIS SECTION, SHALL BE INCREASED OR DECREASED BY THE AVERAGE       231          

PERCENTAGE OF INCREASE OR DECREASE IN THE CONSUMER PRICE INDEX     232          

FOR ALL URBAN CONSUMERS (UNITED STATES CITY AVERAGE, ALL ITEMS),   233          

PREPARED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF       234          

LABOR STATISTICS, FOR THE TWELVE-CALENDAR-MONTH PERIOD PRIOR TO    235          

THE IMMEDIATELY PRECEDING FIRST DAY OF JANUARY OVER THE            236          

IMMEDIATELY PRECEDING TWELVE-CALENDAR-MONTH PERIOD, AS REPORTED    237          

BY THE BUREAU.  THE DIRECTOR OF HEALTH SHALL MAKE THIS                          

DETERMINATION AND ADJUST THE AMOUNTS ACCORDINGLY.  THE DIRECTOR    238          

SHALL PROVIDE A LIST OF THE ADJUSTED AMOUNTS TO ANY PARTY UPON     239          

REQUEST.                                                                        

      Section 2.  That existing section 3701.74 of the Revised     241          

Code is hereby repealed.                                           242