Patient records: inspection and copies.

(1) Existing law authorizes an attorney or his or her representative to review and obtain certain patient records prior to filing any legal action if written authorization is given by the patient. Further, existing law prohibits the medical provider from copying the records if the attorney has employed a private photocopying service, as specified. This bill would prescribe the fees for a health care provider or medical records management company to charge when providing copies of medical records to an attorney. This bill would also provide that an electronic copy of a medical record is required only if the entire request can be reproduced from an electronic health record system and can be delivered electronically. Further, the bill would require the Secretary of California Health and Human Services to make annual determinations concerning any increase or decrease in the fees in accordance with the Consumer Price Index prepared by the United States Department of Labor. (2) Existing law authorizes issuance of a subpoena for the personal records of any consumer, as defined, including medical and employment records. The party requesting the records is only required to pay one witness fee and one mileage fee to a witness or witness' business when requesting business records. This bill would require a requesting party to pay a witness fee and mileage fee whenever a subpoena requires a witness, and would require the requesting party to pay for records produced in response to a subpoena duces tecum, including when those records are allowed in lieu of a witness appearance. This bill would also prescribe the costs to be paid in advance by the requesting party. Further, this bill would authorize the Secretary of California Health and Human Services to make annual determinations concerning any increase or decrease in those fees in accordance with the Consumer Price Index prepared by the United States Department of Labor. (3) Existing law requires that, following a written request to his or her health care provider, a patient or his or her representative may inspect and obtain copies of patient records after paying a specified fee. If the patient or patient's representative presents proof to the provider that the records are needed to support an appeal regarding eligibility for a public benefit program, the health care provider must provide one copy of the relevant portion of the patient's record at no charge under specified circumstances. A willful violation of this requirement by certain health care providers is an infraction. This bill would prescribe an hourly charge for a health care provider when the provider locates a patient's medical records, makes those records available, and supervises any inspection of the records by the patient or patient's representative, as defined. Further, this bill would prescribe the reproduction costs for the copies of the records, and would provide that an electronic copy of a medical record is only required if the entire request can be reproduced from an electronic health record system and the record can be delivered electronically. This bill would also permit a patient or patient's representative to obtain multiple copies of the relevant portion of the patient's medical record at no charge in public benefit eligibility appeals. Additionally, this bill would require the Secretary of California Health and Human Services to make annual determinations concerning any increase or decrease in the fees in accordance with the Consumer Price Index prepared by the United States Department of Labor.