2017 -- S 0486

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LC001303

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY - DEPARTMENT OF HEALTH

     Introduced By: Senators McCaffrey, Lombardi, Conley, Nesselbush, and Archambault

     Date Introduced: March 02, 2017

     Referred To: Senate Health & Human Services

     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 by any health care provider as defined in §5-

37.3-3. 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 utilizes an electronic health records

system or database:

     (i) Any patient pursuant to §5-37.3-3 shall have a right to obtain from any health care

provider a copy of their records in an electronic format; and

     (ii) Notwithstanding the provisions of subsection (a) of this section, the 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) inclusive of shipping costs and the reasonable costs

of data retrieval and/or the data storage device used to transport the medical records.

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

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

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

costs, shipping costs; provided, however, that ten cents ($.10) per page may be added for all

pages of medical records provided.

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

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 including those that utilize an electronic health records system.

     This act would take effect upon passage.

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LC001303

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