Medical records: access.

Existing law governs a patient's access to his or her health records. Existing law requires a health care provider to provide a patient or his or her representative with all or any part of the patient's medical records that the patient has a right to inspect, subject to the payment of clerical costs incurred in locating and making the records available, following a written request from the patient. 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, as defined, the health care provider must provide one copy of the relevant portion of the patient's record at no charge under specified circumstances. Existing law makes a violation of these provisions by specified health care providers an infraction. This bill would change the basis of the fee that a health care provider is authorized to charge from clerical costs to specified costs for labor, supplies, postage, and preparing an explanation or summary of the patient record. The bill would require the health care provider to provide the patient or patient's personal representative with a copy of the records in a paper or electronic copy, in the form or format requested if the records are readily producible in that form or format. By expanding the scope of a crime, this bill would create a state-mandated local program. Existing law provides that information and records obtained in the course of providing mental health and developmental services are confidential, but allows disclosure of communications under specified circumstances. This bill would allow disclosure to a business associate or for health care operations purposes, as specified. This bill would incorporate additional changes to Section 123110 of the Health and Safety Code proposed by SB 575 to be operative only if this bill and SB 575 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 5328 of the Welfare and Institutions Code proposed by AB 1119 to be operative only if this bill and AB 1119 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.