H. B. No. 122 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 122

Representative Ujvagi

Cosponsors: Representatives Dodd, Wagoner, Brown, Skindell, Stebelton, Strahorn, Okey, Yuko, Bolon

A BILL

To amend section 3701.741 of the Revised Code to 1
allow an authorized person to obtain one copy of a 2
patient's medical record without charge. 3

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

       Section 1. That section 3701.741 of the Revised Code be 4
amended to read as follows: 5

       Sec. 3701.741. (A) Through December 31, ~~2008~~2010, each 6
health care provider and medical records company shall provide 7
copies of medical records in accordance with this section. 8

       (B) Except as provided in divisions (C) and (E) of this 9
section, a health care provider or medical records company that 10
receives a request for a copy of a patient's medical record shall 11
charge not more than the amounts set forth in this section. 12

       (1) If the request is made by the patient or the patient's 13
personal representative, total costs for copies and all services 14
related to those copies shall not exceed the sum of the following: 15

       (a) With respect to data recorded on paper, the following 16
amounts: 17

        (i) Two dollars and fifty cents per page for the first ten 18
pages; 19

        (ii) Fifty-one cents per page for pages eleven through fifty; 20

       (iii) Twenty cents per page for pages fifty-one and higher; 21

        (b) With respect to data recorded other than on paper, one 22
dollar and seventy cents per page; 23

        (c) The actual cost of any related postage incurred by the 24
health care provider or medical records company. 25

        (2) If the request is made other than by the patient or the 26
patient's personal representative, total costs for copies and all 27
services related to those copies shall not exceed the sum of the 28
following: 29

       (a) An initial fee of fifteen dollars and thirty-five cents, 30
which shall compensate for the records search; 31

       (b) With respect to data recorded on paper, the following 32
amounts: 33

       (i) One dollar and two cents per page for the first ten 34
pages; 35

       (ii) Fifty-one cents per page for pages eleven through fifty; 36

       (iii) Twenty cents per page for pages fifty-one and higher. 37

       (c) With respect to data recorded other than on paper, one 38
dollar and seventy cents per page; 39

       (d) The actual cost of any related postage incurred by the 40
health care provider or medical records company. 41

       (C)(1) AOn request, a health care provider or medical 42
records company shall provide one copy of the patient's medical 43
record and one copy of any records regarding treatment performed 44
subsequent to the original request, not including copies of 45
records already provided, without charge to the following: 46

       (a) The bureau of workers' compensation, in accordance with 47
Chapters 4121. and 4123. of the Revised Code and the rules adopted 48
under those chapters; 49

       (b) The industrial commission, in accordance with Chapters 50
4121. and 4123. of the Revised Code and the rules adopted under 51
those chapters; 52

       (c) The department of job and family services, in accordance 53
with Chapter 5101. of the Revised Code and the rules adopted under 54
those chapters; 55

       (d) The attorney general, in accordance with sections 2743.51 56
to 2743.72 of the Revised Code and any rules that may be adopted 57
under those sections; 58

       (e) A patient or, patient's personal representative, or 59
authorized person if the medical record is necessary to support a 60
claim under Title II or Title XVI of the "Social Security Act," 49 61
Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended, and the 62
request is accompanied by documentation that a claim has been 63
filed. 64

       (2) Nothing in division (C)(1) of this section requires a 65
health care provider or medical records company to provide a copy 66
without charge to any person or entity not listed in division 67
(C)(1) of this section. 68

       (D) Division (C) of this section shall not be construed to 69
supersede any rule of the bureau of workers' compensation, the 70
industrial commission, or the department of job and family 71
services. 72

       (E) A health care provider or medical records company may 73
enter into a contract with either of the following for the copying 74
of medical records at a fee other than as provided in division (B) 75
of this section: 76

       (1) A patient, a patient's personal representative, or an 77
authorized person; 78

       (2) An insurer authorized under Title XXXIX of the Revised 79
Code to do the business of sickness and accident insurance in this 80
state or health insuring corporations holding a certificate of 81
authority under Chapter 1751. of the Revised Code. 82

       (F) This section does not apply to medical records the 83
copying of which is covered by section 173.20 of the Revised Code 84
or by 42 C.F.R. 483.10. 85

       Section 2. That existing section 3701.741 of the Revised Code 86
is hereby repealed. 87

Section 1. That section 3701.741 of the Revised Code be	4
amended to read as follows:	5

Sec. 3701.741. (A) Through December 31, ~~2008~~2010, each	6
health care provider and medical records company shall provide	7
copies of medical records in accordance with this section.	8

(B) Except as provided in divisions (C) and (E) of this	9
section, a health care provider or medical records company that	10
receives a request for a copy of a patient's medical record shall	11
charge not more than the amounts set forth in this section.	12

(1) If the request is made by the patient or the patient's	13
personal representative, total costs for copies and all services	14
related to those copies shall not exceed the sum of the following:	15

(a) With respect to data recorded on paper, the following	16
amounts:	17

(i) Two dollars and fifty cents per page for the first ten	18
pages;	19

(b) With respect to data recorded other than on paper, one	22
dollar and seventy cents per page;	23

(c) The actual cost of any related postage incurred by the	24
health care provider or medical records company.	25

(2) If the request is made other than by the patient or the	26
patient's personal representative, total costs for copies and all	27
services related to those copies shall not exceed the sum of the	28
following:	29

(a) An initial fee of fifteen dollars and thirty-five cents,	30
which shall compensate for the records search;	31

(b) With respect to data recorded on paper, the following	32
amounts:	33

(i) One dollar and two cents per page for the first ten	34
pages;	35

(c) With respect to data recorded other than on paper, one	38
dollar and seventy cents per page;	39

(d) The actual cost of any related postage incurred by the	40
health care provider or medical records company.	41

(C)(1) AOn request, a health care provider or medical	42
records company shall provide one copy of the patient's medical	43
record and one copy of any records regarding treatment performed	44
subsequent to the original request, not including copies of	45
records already provided, without charge to the following:	46

(a) The bureau of workers' compensation, in accordance with	47
Chapters 4121. and 4123. of the Revised Code and the rules adopted	48
under those chapters;	49

(b) The industrial commission, in accordance with Chapters	50
4121. and 4123. of the Revised Code and the rules adopted under	51
those chapters;	52

(c) The department of job and family services, in accordance	53
with Chapter 5101. of the Revised Code and the rules adopted under	54
those chapters;	55

(d) The attorney general, in accordance with sections 2743.51	56
to 2743.72 of the Revised Code and any rules that may be adopted	57
under those sections;	58

(e) A patient or, patient's personal representative, or	59
authorized person if the medical record is necessary to support a	60
claim under Title II or Title XVI of the "Social Security Act," 49	61
Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended, and the	62
request is accompanied by documentation that a claim has been	63
filed.	64

(2) Nothing in division (C)(1) of this section requires a	65
health care provider or medical records company to provide a copy	66
without charge to any person or entity not listed in division	67
(C)(1) of this section.	68

(D) Division (C) of this section shall not be construed to	69
supersede any rule of the bureau of workers' compensation, the	70
industrial commission, or the department of job and family	71
services.	72

(E) A health care provider or medical records company may	73
enter into a contract with either of the following for the copying	74
of medical records at a fee other than as provided in division (B)	75
of this section:	76

(1) A patient, a patient's personal representative, or an	77
authorized person;	78

(2) An insurer authorized under Title XXXIX of the Revised	79
Code to do the business of sickness and accident insurance in this	80
state or health insuring corporations holding a certificate of	81
authority under Chapter 1751. of the Revised Code.	82

(F) This section does not apply to medical records the	83
copying of which is covered by section 173.20 of the Revised Code	84
or by 42 C.F.R. 483.10.	85

Section 2. That existing section 3701.741 of the Revised Code	86
is hereby repealed.	87