2015 -- H 5756

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LC001633

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY - DEPARTMENT OF HEALTH

     Introduced By: Representatives Craven, and Lombardi

     Date Introduced: February 26, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-1-48 of the General Laws in Chapter 23-1 entitled "Department

of Health" is hereby amended to read as follows:

     23-1-48. Reimbursement for medical record copies. – (a) The director shall

promulgate rules and regulations which establish reasonable charges for expenses incurred in

responding to requests for copies of medical records by physicians pursuant to § 5-37-22(c) and

(d), and any health care provider as defined in § 5-37.3-3(4). The director may utilize data

provided by the Rhode Island health information management association or other similar local

professional organization in his or her determination as to the amount of the charges permitted by

this section.

     (b) If the health care provider defined in § 5-37.3-3(4) utilizes an electronic health

records system or database:

     (i) The individual shall have a right to obtain from such health care provider a copy of the

records in an electronic format; and

     (ii) The reasonable charges for responding to requests for copies of medical records in

electronic format shall not exceed a fee for clerical services of fifteen dollars ($15.00) regardless

of the amount of time necessary to retrieve the record, shipping costs and the reasonable costs of

the data storage device used to transport the medical records.

     (c) If the health care provider as defined by § 5-37.3-3(4), does not utilize an electronic

health records system or database, the reasonable charges for responding to requests for copies of

medical records shall not exceed a fee for clerical services of fifteen dollars ($15.00) regardless of

the amount of time necessary to retrieve the record, shipping costs and ten cents ($.10) per page

for all pages of medical records provided.

     (d) Copies of X-rays or other documents not reproducible by photocopy shall be at the

health care provider's actual cost, plus reasonable fees for clerical service not to exceed fifteen

dollars ($15.00).

     (e) A special handling fee of ten dollars ($10.00) may be charged if the records must be

delivered to the patient or authorized representative within forty-eight (48) hours of the request.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - DEPARTMENT OF HEALTH

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     This act would determine reimbursement rates for medical records copies from health

care providers that utilize an electronic health records system, as well as those that do not utilize

electronic systems.

     This act would take effect upon passage.

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LC001633

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