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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 508 |
REPRESENTATIVES OLMAN-WILLAMOWSKI-PATTON-REDFERN-ALLEN-
TERWILLEGER-HARTNETT-CALLENDER-D. MILLER-BRITTON-VESPER-
PERRY-JOLIVETTE-LOGAN-OGG-TAYLOR-GERBERRY-PETERSON-R. MILLER-
KRUPINSKI-J. BEATTY-DePIERO-HARRIS-CORBIN-HOOPS-SUTTON-HOLLISTER-
EVANS-BENDER-WILSON-WOMER BENJAMIN-JONES-DISTEL-VERICH-HARTLEY-
METTLER-TIBERI-BUEHRER-DAMSCHRODER-MOTTLEY-SCHULER-BOYD-BARRETT-
O'BRIEN-GOODING-BARNES-CATES-FERDERBER-JACOBSON-SMITH-WIDENER-
SENATORS CUPP-BLESSING-DRAKE-SPADA-HERINGTON-ESPY
A BILL
To amend section 3701.74 and to enact sections 3701.741 and 3701.742
of the Revised Code relative to the fees health care providers and
medical records companies may charge for
providing copies of medical records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3701.74 be amended and sections 3701.741
and 3701.742 of the Revised Code be enacted to read as follows:
Sec. 3701.74. (A) As used in this section AND SECTION
3701.741 OF THE REVISED CODE:
(1) "Hospital" means any institution registered as a
hospital with the department of health pursuant to section
3701.07 of the Revised Code CHIROPRACTOR" MEANS AN INDIVIDUAL LICENSED
UNDER CHAPTER 4734. of the Revised Code TO PRACTICE CHIROPRACTIC.
(2) "HEALTH CARE PROVIDER" HAS THE SAME MEANING AS IN SECTION
3729.01 of the Revised Code.
(3) "Medical record" means DATA IN any document or
combination of
documents FORM that pertains to a patient's medical history,
diagnosis, prognosis, or medical condition and that is generated
and maintained BY A HEALTH CARE PROVIDER
in the process of the patient's health care
treatment at a hospital.
(3) "Finalized medical record" means a medical record
that is complete according to a hospital's bylaws.
(4) "MEDICAL RECORDS COMPANY" MEANS A PERSON WHO STORES, LOCATES,
OR COPIES MEDICAL RECORDS FOR A HEALTH CARE PROVIDER,
OR IS COMPENSATED FOR DOING SO BY A HEALTH CARE PROVIDER, AND
CHARGES A FEE FOR PROVIDING MEDICAL RECORDS TO A
PATIENT OR PATIENT'S REPRESENTATIVE.
(5) "Patient" means any EITHER OF THE FOLLOWING:
(a) AN individual who received health
care treatment at a hospital FROM A HEALTH CARE PROVIDER;
(b) A GUARDIAN, AS DEFINED IN
SECTION 1337.11 OF THE REVISED CODE, OF AN INDIVIDUAL
DESCRIBED IN DIVISION (A)(5)(a) OF THIS SECTION.
(6) "PATIENT'S REPRESENTATIVE" MEANS A PERSON TO WHOM A PATIENT
HAS GIVEN WRITTEN AUTHORIZATION TO ACT ON THE PATIENT'S
BEHALF REGARDING THE PATIENT'S MEDICAL RECORDS, EXCEPT THAT IF THE PATIENT IS
DECEASED, "PATIENT'S REPRESENTATIVE" MEANS THE EXECUTOR OR ADMINISTRATOR OF
THE PATIENT'S ESTATE OR THE PERSON RESPONSIBLE FOR THE PATIENT'S ESTATE IF IT
IS NOT TO BE PROBATED. "PATIENT'S REPRESENTATIVE" DOES NOT INCLUDE AN INSURER
AUTHORIZED UNDER TITLE XXXIX of the Revised Code TO DO THE BUSINESS OF
SICKNESS AND ACCIDENT INSURANCE IN THIS STATE OR A HEALTH INSURING CORPORATION
HOLDING A CERTIFICATE OF AUTHORITY UNDER CHAPTER 1751. of the Revised Code.
(7) "PHYSICIAN" MEANS A PERSON AUTHORIZED UNDER CHAPTER
4731. of the Revised Code TO PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY,
OR PODIATRY.
(B) A hospital shall prepare a finalized medical record
for each patient who receives health care treatment at the
hospital, within a reasonable time after treatment.
(C) A patient OR PATIENT'S REPRESENTATIVE who wishes to examine
or obtain a copy of
part or all of a finalized medical record covering a prior
inpatient stay or outpatient treatment shall submit to the
hospital HEALTH CARE PROVIDER a
signed, written request SIGNED BY THE PATIENT dated not more
than sixty days
before the date on which it is submitted.
The patient OR PATIENT'S
REPRESENTATIVE who wishes
to obtain a copy of the record shall indicate in the request
whether the copy is to be sent to the patient's residence,
PHYSICIAN OR CHIROPRACTOR, OR REPRESENTATIVE, or held
for the patient at the hospital OFFICE OF THE HEALTH CARE
PROVIDER. Within a reasonable time after
receiving a request that meets the requirements of this division
and includes sufficient information to identify the record
requested, the hospital A HEALTH CARE PROVIDER
THAT HAS THE PATIENT'S MEDICAL RECORDS shall permit the
patient to examine the
record during regular business hours WITHOUT CHARGE or, ON
REQUEST, shall provide a
copy of
the record in accordance with the request SECTION 3701.741 OF THE
REVISED CODE, except that if a
physician OR CHIROPRACTOR who has treated the patient determines for
clearly
stated treatment reasons that disclosure of the requested record
is likely to have an adverse effect on the patient, the hospital
HEALTH CARE PROVIDER
shall provide the record to a physician OR CHIROPRACTOR designated by
the
patient. The hospital HEALTH CARE PROVIDER shall take
reasonable steps to establish
the identity of the patient examining, PERSON MAKING THE REQUEST TO
EXAMINE or requesting OBTAIN a copy of,
the patient's record.
(D)(C) If a hospital HEALTH CARE PROVIDER fails
to furnish a finalized medical
record as required by division (C)(B) of this section, the
patient OR PATIENT'S REPRESENTATIVE
who requested the record may bring a civil action to enforce the
patient's right of access to the record.
(E)(D)(1) This section does not apply to medical
records whose
release is covered by SECTION 173.20 OR 3721.13 of the Revised Code, BY Chapter 1347.
or 5122. of the Revised Code
or, by 42 C.F.R. part 2, "Confidentiality of Alcohol and Drug
Abuse Patient Records.," Nothing OR BY 42
C.F.R.
483.10.
(2) NOTHING in this section is intended to
supersede the confidentiality provisions of sections 2305.24 to
2305.251 of the Revised Code.
Sec. 3701.741. (A) THROUGH DECEMBER 31, 2004, EACH
HEALTH CARE PROVIDER AND MEDICAL RECORDS
COMPANY SHALL PROVIDE COPIES OF MEDICAL RECORDS IN ACCORDANCE WITH THIS
SECTION.
(B) EXCEPT AS PROVIDED IN DIVISIONS (C) AND (E)
OF THIS SECTION, A HEALTH CARE PROVIDER
OR MEDICAL RECORDS COMPANY THAT RECEIVES A REQUEST FOR A COPY OF A PATIENT'S
MEDICAL RECORD MAY CHARGE NOT MORE THAN THE AMOUNTS SET FORTH IN THIS SECTION.
TOTAL COSTS FOR COPIES AND ALL SERVICES RELATED TO THOSE COPIES SHALL NOT
EXCEED THE SUM OF THE FOLLOWING:
(1) AN INITIAL FEE OF FIFTEEN DOLLARS, WHICH SHALL COMPENSATE FOR THE
RECORDS SEARCH;
(2) WITH RESPECT TO DATA RECORDED ON PAPER,
THE FOLLOWING AMOUNTS:
(a) ONE DOLLAR PER PAGE FOR THE FIRST TEN PAGES;
(b) FIFTY CENTS PER PAGE FOR PAGES ELEVEN THROUGH FIFTY;
(c) TWENTY CENTS PER PAGE FOR PAGES FIFTY-ONE AND HIGHER.
(3) WITH RESPECT TO DATA RECORDED OTHER THAN ON PAPER, THE ACTUAL COST OF
MAKING THE COPY;
(4) THE ACTUAL COST OF ANY RELATED POSTAGE INCURRED BY THE HEALTH CARE
PROVIDER OR MEDICAL RECORDS COMPANY.
(C) A HEALTH CARE PROVIDER OR MEDICAL RECORDS COMPANY SHALL
PROVIDE ONE COPY WITHOUT CHARGE TO THE FOLLOWING:
(1) THE BUREAU OF WORKERS' COMPENSATION, IN ACCORDANCE WITH
CHAPTERS 4121. AND 4123. of the Revised Code AND THE RULES ADOPTED UNDER THOSE
CHAPTERS;
(2) THE INDUSTRIAL COMMISSION, IN ACCORDANCE WITH CHAPTERS 4121.
AND 4123. of the Revised Code AND THE RULES ADOPTED UNDER THOSE CHAPTERS;
(3) THE DEPARTMENT OF JOB AND FAMILY SERVICES, IN ACCORDANCE WITH
CHAPTER 5101. of the Revised Code AND THE RULES ADOPTED UNDER THOSE CHAPTERS;
(4) A PATIENT OR PATIENT'S REPRESENTATIVE IF
THE MEDICAL RECORD IS NECESSARY TO SUPPORT A CLAIM UNDER TITLE
II OR
TITLE XVI OF THE "SOCIAL SECURITY
ACT," 49
STAT. 620 (1935), 42 U.S.C.A. 401 AND 1381, AS AMENDED, AND THE REQUEST
IS ACCOMPANIED BY DOCUMENTATION THAT A CLAIM HAS BEEN FILED.
(D) DIVISION (C) OF THIS SECTION SHALL NOT BE CONSTRUED
TO SUPERSEDE ANY RULE OF THE BUREAU OF WORKERS' COMPENSATION, THE INDUSTRIAL
COMMISSION, OR THE DEPARTMENT OF JOB AND FAMILY SERVICES.
(E) A HEALTH CARE PROVIDER OR MEDICAL
RECORDS COMPANY MAY ENTER INTO A CONTRACT WITH A PATIENT, A PATIENT'S
REPRESENTATIVE, OR AN INSURER FOR
THE COPYING OF MEDICAL RECORDS AT A FEE OTHER THAN AS PROVIDED IN DIVISION
(B) OF THIS SECTION.
(F) THIS SECTION DOES NOT APPLY TO EITHER OF THE FOLLOWING:
(1) COPIES OF MEDICAL RECORDS PROVIDED TO INSURERS AUTHORIZED UNDER
TITLE XXXIX of the Revised Code TO DO THE BUSINESS OF SICKNESS AND ACCIDENT
INSURANCE IN THIS STATE OR HEALTH INSURING CORPORATIONS HOLDING A CERTIFICATE
OF AUTHORITY UNDER CHAPTER 1751. of the Revised Code;
(2) MEDICAL RECORDS THE COPYING OF
WHICH IS COVERED BY SECTION 173.20 of the Revised Code OR BY 42
C.F.R. 483.10.
(G) NOTHING IN THIS SECTION REQUIRES OR
PRECLUDES THE DISTRIBUTION OF MEDICAL RECORDS AT ANY PARTICULAR COST OR FEE TO
INSURERS
AUTHORIZED UNDER TITLE XXXIX of the Revised Code TO DO THE BUSINESS OF
SICKNESS AND ACCIDENT INSURANCE IN THIS STATE OR HEALTH INSURING CORPORATIONS
HOLDING A CERTIFICATE OF AUTHORITY UNDER CHAPTER 1751. of the Revised Code.
Sec. 3701.742. IF THE DATE SPECIFIED IN SECTION 3701.741 of the Revised Code IS AMENDED
TO REFLECT A DATE THAT OCCURS AFTER DECEMBER 31, 2004, THEN NOT LATER
THAN JANUARY 31, 2005, THE AMOUNTS
SPECIFIED IN DIVISION (B) OF SECTION 3701.741 of the Revised Code AND, NOT LATER
THAN THE FIRST DAY OF JANUARY OF EACH YEAR THEREAFTER, ANY
AMOUNTS COMPUTED BY ADJUSTMENTS MADE UNDER THIS SECTION, SHALL BE INCREASED OR
DECREASED BY THE AVERAGE PERCENTAGE OF INCREASE OR DECREASE IN THE CONSUMER
PRICE INDEX FOR ALL URBAN CONSUMERS (UNITED STATES CITY
AVERAGE, ALL ITEMS), PREPARED BY THE UNITED STATES
DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, FOR THE
TWELVE-CALENDAR-MONTH PERIOD PRIOR TO THE IMMEDIATELY PRECEDING FIRST DAY OF
JANUARY OVER THE IMMEDIATELY PRECEDING TWELVE-CALENDAR-MONTH PERIOD,
AS REPORTED BY THE BUREAU. THE DIRECTOR OF HEALTH SHALL MAKE THIS
DETERMINATION AND ADJUST THE AMOUNTS ACCORDINGLY. THE DIRECTOR SHALL PROVIDE
A LIST OF THE ADJUSTED AMOUNTS TO ANY PARTY UPON REQUEST.
Section 2. That existing section 3701.74 of the Revised Code is
hereby repealed.
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