S 1395 - Establishes Provisions Regarding Medical Records and Costs - Idaho Key Vote

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Title: Establishes Provisions Regarding Medical Records and Costs

Vote Smart's Synopsis:

Vote to pass a bill that establishes provisions regarding medical records and costs in Idaho.

Highlights:

  • Establishes an addition to Title 39 of the Idaho Code called Chapter 73 (Sec. 1A).

  • Defines “healthcare provider” as a physician or other licensed healthcare practitioner who is certified to perform healthcare services consistent with state law (Sec. 1A). 

  • Defines a “third-party service” as a service that has entered into a contract with a healthcare provider to provide patient records on behalf of a healthcare provider (Sec. 1B). 

  • Establishes that upon request of a patient or other party authorized to receive records the healthcare provider or facility is required to provide medical records and specifies the healthcare provider may charge fees pursuant to this section (Sec. 2).

  • Specifies for medical records provided in paper format, the fees may not exceed, (Sec. 2A). 

    • A search fee of $30;

    • A fee of 60 cents per page for the first 40 pages and 36 cents for each additional page;

    • A fee more than the actual reproduction costs of medical records that are difficult to duplicate; or

    • A fee more than the actual costs of postage to mail the medical records to the patient or other party authorized to receive the patient's medical records; 

  • Specifies for medical records provided in electronic format, the fees may not exceed, (Sec. 2B). 

    • A search fee of $30;

    • A fee of 30 cents per page for the first forty pages and 18 cents per page for the additional pages

    • A fee more than the actual reproduction costs of medical records that are difficult to duplicate;  or

    • A fee more than the costs of postage to mail to the patient;

  • Authorizes a $20 fee for a request completed within 10 days for medical records that can be immediately viewed (Sec. 2B). 

  • Specifies the entire fee charged under the above section may not exceed $175 regardless of page number or format of medical records (Sec. 2C). 

  • Authorizes a healthcare provider or facility to provide one free copy of a patient's medical records if requested by a patient or individual authorized to receive said records (Sec. 3).

  • Specifies that the healthcare provider or facility may charge the pursuant if they ask for another copy of medical records within one calendar year in which no additional medical services have been rendered (Sec. 3).

  • Specifies that any request made pursuant to this section must specify the preferred format for medical records to be received (Sec. 4).

    • Be delivered in an electronic medium used by the healthcare provider if requested; and

    • Be fulfilled within 30 days; 

  • Exempts healthcare providers if they have less than 50 employees, are independently owned, are not associated with a hospital or healthcare system, and don’t contract with a third-party service (Sec. 5).

  • Specifies when a healthcare provider is governed by the standards for privacy of individually identifiable health information the fees shall be lesser than those allowed under this section (Sec. 6). 

  • Establishes that if an emergency is declared this act shall be in full force and effect after July 1, 2024 (Sec. 2).

Title: Establishes Provisions Regarding Medical Records and Costs

Committee Sponsors

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