As Passed by the Senate                       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           

        SENATORS CUPP-BLESSING-DRAKE-SPADA-HERINGTON-ESPY          14           


_________________________________________________________________   16           

                          A   B I L L                                           

             To amend section 3701.74 and to enact sections        18           

                3701.741 and 3701.742 of the Revised Code          19           

                relative to the fees health care providers and                  

                medical records companies may charge for           20           

                providing copies of medical records.               21           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That section 3701.74 be amended and sections     25           

3701.741 and 3701.742 of the Revised Code be enacted to read as    26           

follows:                                                                        

      Sec. 3701.74.  (A)  As used in this section AND SECTION      35           

3701.741 OF THE REVISED CODE:                                      36           

      (1)  "Hospital" means any institution registered as a        38           

hospital with the department of health pursuant to section         39           

3701.07 of the Revised Code CHIROPRACTOR" MEANS AN INDIVIDUAL      40           

LICENSED UNDER CHAPTER 4734. OF THE REVISED CODE TO PRACTICE       41           

CHIROPRACTIC.                                                                   

      (2)  "HEALTH CARE PROVIDER" HAS THE SAME MEANING AS IN       43           

SECTION 3729.01 OF THE REVISED CODE.                               44           

      (3)  "Medical record" means DATA IN any document or          46           

                                                          2      


                                                                 
combination of documents FORM that pertains to a patient's         48           

medical history, diagnosis, prognosis, or medical condition and    49           

that is generated and maintained BY A HEALTH CARE PROVIDER in the  51           

process of the patient's health care treatment at a hospital.      52           

      (3)  "Finalized medical record" means a medical record that  55           

is complete according to a hospital's bylaws.                                   

      (4)  "MEDICAL RECORDS COMPANY" MEANS A PERSON WHO STORES,    57           

LOCATES, OR COPIES MEDICAL RECORDS FOR A HEALTH CARE PROVIDER, OR  59           

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

CHARGES A FEE FOR PROVIDING MEDICAL RECORDS TO A PATIENT OR        61           

PATIENT'S REPRESENTATIVE.                                                       

      (5)  "Patient" means any EITHER OF THE FOLLOWING:            63           

      (a)  AN individual who received health care treatment at a   66           

hospital FROM A HEALTH CARE PROVIDER;                                           

      (b)  A GUARDIAN, AS DEFINED IN SECTION 1337.11 OF THE        69           

REVISED CODE, OF AN INDIVIDUAL DESCRIBED IN DIVISION (A)(5)(a) OF  70           

THIS SECTION.                                                                   

      (6)  "PATIENT'S REPRESENTATIVE" MEANS A PERSON TO WHOM A     72           

PATIENT HAS GIVEN WRITTEN AUTHORIZATION TO ACT ON THE PATIENT'S    73           

BEHALF REGARDING THE PATIENT'S MEDICAL RECORDS, EXCEPT THAT IF     74           

THE PATIENT IS DECEASED, "PATIENT'S REPRESENTATIVE" MEANS THE      75           

EXECUTOR OR ADMINISTRATOR OF THE PATIENT'S ESTATE OR THE PERSON    76           

RESPONSIBLE FOR THE PATIENT'S ESTATE IF IT IS NOT TO BE PROBATED.  77           

"PATIENT'S REPRESENTATIVE" DOES NOT INCLUDE AN INSURER AUTHORIZED  78           

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

SICKNESS AND ACCIDENT INSURANCE IN THIS STATE OR A HEALTH          79           

INSURING CORPORATION HOLDING A CERTIFICATE OF AUTHORITY UNDER      80           

CHAPTER 1751. OF THE REVISED CODE.                                              

      (7)  "PHYSICIAN" MEANS A PERSON AUTHORIZED UNDER CHAPTER     82           

4731. OF THE REVISED CODE TO PRACTICE MEDICINE AND SURGERY,        83           

OSTEOPATHIC MEDICINE AND SURGERY, OR PODIATRY.                     84           

      (B)  A hospital shall prepare a finalized medical record     86           

for each patient who receives health care treatment at the         87           

hospital, within a reasonable time after treatment.                88           

                                                          3      


                                                                 
      (C)  A patient OR PATIENT'S REPRESENTATIVE who wishes to     90           

examine or obtain a copy of part or all of a finalized medical     92           

record covering a prior inpatient stay or outpatient treatment     93           

shall submit to the hospital HEALTH CARE PROVIDER a signed,        95           

written request SIGNED BY THE PATIENT dated not more than sixty    96           

days before the date on which it is submitted.  The patient OR     98           

PATIENT'S REPRESENTATIVE who wishes to obtain a copy of the        100          

record shall indicate in the request whether the copy is to be     101          

sent to the patient's residence, PHYSICIAN OR CHIROPRACTOR, OR     102          

REPRESENTATIVE, or held for the patient at the hospital OFFICE OF  103          

THE HEALTH CARE PROVIDER.  Within a reasonable time after          104          

receiving a request that meets the requirements of this division   105          

and includes sufficient information to identify the record         106          

requested, the hospital A HEALTH CARE PROVIDER THAT HAS THE        108          

PATIENT'S MEDICAL RECORDS shall permit the patient to examine the  109          

record during regular business hours WITHOUT CHARGE or, ON         110          

REQUEST, shall provide a copy of the record in accordance with     113          

the request SECTION 3701.741 OF THE REVISED CODE, except that if   114          

a physician OR CHIROPRACTOR who has treated the patient            115          

determines for clearly stated treatment reasons that disclosure    117          

of the requested record is likely to have an adverse effect on     118          

the patient, the hospital HEALTH CARE PROVIDER shall provide the   120          

record to a physician OR CHIROPRACTOR designated by the patient.   122          

The hospital HEALTH CARE PROVIDER shall take reasonable steps to   123          

establish the identity of the patient examining, PERSON MAKING     124          

THE REQUEST TO EXAMINE or requesting OBTAIN a copy of, the         126          

patient's record.                                                               

      (D)(C)  If a hospital HEALTH CARE PROVIDER fails to furnish  129          

a finalized medical record as required by division (C)(B) of this  130          

section, the patient OR PATIENT'S REPRESENTATIVE who requested     132          

the record may bring a civil action to enforce the patient's       133          

right of access to the record.                                                  

      (E)(D)(1)  This section does not apply to medical records    136          

whose release is covered by SECTION 173.20 OR 3721.13 OF THE       137          

                                                          4      


                                                                 
REVISED CODE, BY Chapter 1347. or 5122. of the Revised Code or,    139          

by 42 C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse    140          

Patient Records.," Nothing OR BY 42 C.F.R. 483.10.                 142          

      (2)  NOTHING in this section is intended to supersede the    145          

confidentiality provisions of sections 2305.24 to 2305.251 of the  146          

Revised Code.                                                                   

      Sec. 3701.741.  (A)  THROUGH DECEMBER 31, 2004, EACH HEALTH  149          

CARE PROVIDER AND MEDICAL RECORDS COMPANY SHALL PROVIDE COPIES OF  150          

MEDICAL RECORDS IN ACCORDANCE WITH THIS SECTION.                   151          

      (B)  EXCEPT AS PROVIDED IN DIVISIONS (C) AND (E) OF THIS     154          

SECTION, A HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY THAT    155          

RECEIVES A REQUEST FOR A COPY OF A PATIENT'S MEDICAL RECORD MAY    156          

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

TOTAL COSTS FOR COPIES AND ALL SERVICES RELATED TO THOSE COPIES    157          

SHALL NOT EXCEED THE SUM OF THE FOLLOWING:                         158          

      (1)  AN INITIAL FEE OF FIFTEEN DOLLARS, WHICH SHALL          160          

COMPENSATE FOR THE RECORDS SEARCH;                                 161          

      (2)  WITH RESPECT TO DATA RECORDED ON PAPER, THE FOLLOWING   164          

AMOUNTS:                                                                        

      (a)  ONE DOLLAR PER PAGE FOR THE FIRST TEN PAGES;            166          

      (b)  FIFTY CENTS PER PAGE FOR PAGES ELEVEN THROUGH FIFTY;    168          

      (c)  TWENTY CENTS PER PAGE FOR PAGES FIFTY-ONE AND HIGHER.   170          

      (3)  WITH RESPECT TO DATA RECORDED OTHER THAN ON PAPER, THE  172          

ACTUAL COST OF MAKING THE COPY;                                    173          

      (4)  THE ACTUAL COST OF ANY RELATED POSTAGE INCURRED BY THE  175          

HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY.                   176          

      (C)  A HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY       178          

SHALL PROVIDE ONE COPY WITHOUT CHARGE TO THE FOLLOWING:            179          

      (1)  THE BUREAU OF WORKERS' COMPENSATION, IN ACCORDANCE      181          

WITH CHAPTERS 4121. AND 4123. OF THE REVISED CODE AND THE RULES    182          

ADOPTED UNDER THOSE CHAPTERS;                                      183          

      (2)  THE INDUSTRIAL COMMISSION, IN ACCORDANCE WITH CHAPTERS  185          

4121. AND 4123. OF THE REVISED CODE AND THE RULES ADOPTED UNDER    186          

THOSE CHAPTERS;                                                                 

                                                          5      


                                                                 
      (3)  THE DEPARTMENT OF JOB AND FAMILY SERVICES, IN           188          

ACCORDANCE WITH CHAPTER 5101. OF THE REVISED CODE AND THE RULES    189          

ADOPTED UNDER THOSE CHAPTERS;                                                   

      (4)  A PATIENT OR PATIENT'S REPRESENTATIVE IF THE MEDICAL    192          

RECORD IS NECESSARY TO SUPPORT A CLAIM UNDER TITLE II OR TITLE     194          

XVI OF THE "SOCIAL SECURITY ACT," 49 STAT. 620 (1935), 42          196          

U.S.C.A. 401 AND 1381, AS AMENDED, AND THE REQUEST IS ACCOMPANIED  197          

BY DOCUMENTATION THAT A CLAIM HAS BEEN FILED.                                   

      (D)  DIVISION (C) OF THIS SECTION SHALL NOT BE CONSTRUED TO  200          

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

INDUSTRIAL COMMISSION, OR THE DEPARTMENT OF JOB AND FAMILY         201          

SERVICES.                                                                       

      (E)  A HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY MAY   204          

ENTER INTO A CONTRACT WITH A PATIENT, A PATIENT'S REPRESENTATIVE,  205          

OR AN INSURER FOR THE COPYING OF MEDICAL RECORDS AT A FEE OTHER    206          

THAN AS PROVIDED IN DIVISION (B) OF THIS SECTION.                  207          

      (F)  THIS SECTION DOES NOT APPLY TO EITHER OF THE            209          

FOLLOWING:                                                                      

      (1)  COPIES OF MEDICAL RECORDS PROVIDED TO INSURERS          211          

AUTHORIZED UNDER TITLE XXXIX OF THE REVISED CODE TO DO THE         212          

BUSINESS OF SICKNESS AND ACCIDENT INSURANCE IN THIS STATE OR       213          

HEALTH INSURING CORPORATIONS HOLDING A CERTIFICATE OF AUTHORITY    214          

UNDER CHAPTER 1751. OF THE REVISED CODE;                                        

      (2)  MEDICAL RECORDS THE COPYING OF WHICH IS COVERED BY      217          

SECTION 173.20 OF THE REVISED CODE OR BY 42 C.F.R. 483.10.         218          

      (G)  NOTHING IN THIS SECTION REQUIRES OR PRECLUDES THE       221          

DISTRIBUTION OF MEDICAL RECORDS AT ANY PARTICULAR COST OR FEE TO                

INSURERS AUTHORIZED UNDER TITLE XXXIX OF THE REVISED CODE TO DO    223          

THE BUSINESS OF SICKNESS AND ACCIDENT INSURANCE IN THIS STATE OR   224          

HEALTH INSURING CORPORATIONS HOLDING A CERTIFICATE OF AUTHORITY    225          

UNDER CHAPTER 1751. OF THE REVISED CODE.                                        

      Sec. 3701.742.  IF THE DATE SPECIFIED IN SECTION 3701.741    227          

OF THE REVISED CODE IS AMENDED TO REFLECT A DATE THAT OCCURS       228          

AFTER DECEMBER 31, 2004, THEN NOT LATER THAN JANUARY 31, 2005,     229          

                                                          6      


                                                                 
THE AMOUNTS SPECIFIED IN DIVISION (B) OF SECTION 3701.741 OF THE   230          

REVISED CODE AND, NOT LATER THAN THE FIRST DAY OF JANUARY OF EACH  231          

YEAR THEREAFTER, ANY AMOUNTS COMPUTED BY ADJUSTMENTS MADE UNDER    232          

THIS SECTION, SHALL BE INCREASED OR DECREASED BY THE AVERAGE       233          

PERCENTAGE OF INCREASE OR DECREASE IN THE CONSUMER PRICE INDEX     234          

FOR ALL URBAN CONSUMERS (UNITED STATES CITY AVERAGE, ALL ITEMS),   235          

PREPARED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF       236          

LABOR STATISTICS, FOR THE TWELVE-CALENDAR-MONTH PERIOD PRIOR TO    237          

THE IMMEDIATELY PRECEDING FIRST DAY OF JANUARY OVER THE            238          

IMMEDIATELY PRECEDING TWELVE-CALENDAR-MONTH PERIOD, AS REPORTED    239          

BY THE BUREAU.  THE DIRECTOR OF HEALTH SHALL MAKE THIS                          

DETERMINATION AND ADJUST THE AMOUNTS ACCORDINGLY.  THE DIRECTOR    240          

SHALL PROVIDE A LIST OF THE ADJUSTED AMOUNTS TO ANY PARTY UPON     241          

REQUEST.                                                                        

      Section 2.  That existing section 3701.74 of the Revised     243          

Code is hereby repealed.                                           244