HB 2229 — prisoners; medical records; family access

Fifty-fifthHouse LegislatureEngrossed Judiciaryprisoners; Second Regular Session H.B.

2229medical PROPOSEDrecords; HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B.

family access State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session HOUSE BILL 2229 (ReferenceAN toACT printedAMENDING bill)TITLE Page31, 1,CHAPTER line2, 5,ARTICLE after2, "family"ARIZONA insertREVISED "orSTATUTES, designatedBY individual";ADDING SECTION 31-224.01;

strikeRELATING "definition" insert "definitions" Line 7, after "FAMILY" insert "OR TO APRISONERS. DESIGNATED INDIVIDUAL.

THE(TEXT AUTHORIZATION MUST BE IN WRITING AND INCLUDE A RELEASE THAT COMPLIES WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT PRIVACY STANDARDS (45 CODE OF FEDERALBILL REGULATIONSBEGINS PARTON 164,NEXT SUBPARTPAGE) E)"- Linei 9,- afterH.B. "FAMILY" insert "OR TO THE DESIGNATED INDIVIDUAL";

after2229 theBe periodit insertenacted "THEby DEPARTMENTthe SHALLLegislature PROVIDEof THEthe MEDICALState RECORDof WITHINArizona: FIFTEEN CALENDAR DAYS AFTER RECEIVING THE PRISONER'S AUTHORIZATION TO RELEASE THE MEDICAL RECORD.

PURSUANTSection TO1. SECTIONS 31-221 AND 39-121.01, THE DEPARTMENT MAY CHARGE A FEE TO COPY AND PRODUCE THE PRISONER'S MEDICAL RECORD." Line 10, after "FAMILY" insert "OR THE DESIGNATED INDIVIDUAL" Line 13, strike "MEDICAL PROFESSIONAL" insert "PHYSICIAN" Line 15, after the period insert "THE DEPARTMENT IS NOT REQUIRED TO ACCEPT OR OTHERWISE IMPLEMENT THE RECOMMENDATION BUT SHALL PROMPTLY SUBMIT THE RECOMMENDATION TO THE DEPARTMENT'S CONTRACTED INMATE HEALTHCARE VENDOR FOR THE VENDOR'S CLINICAL CONSIDERATION AND TO DETERMINE IF THE RECOMMENDATION IS MEDICALLY INDICATED.

IFTitle THE31, DEPARTMENT'Schapter CONTRACTED2, INMATEarticle HEALTHCARE2, VENDORArizona DETERMINESRevised THATStatutes, THEis RECOMMENDATIONamended ISby NOTadding MEDICALLYsection INDICATED,31-224.01, THE VENDOR SHALL PROMPTLY PLACE A WRITTEN CLINICAL EXPLANATION FOR THE DECISION IN THE PRISONER'S MEDICAL RECORD." House Amendments to H.B.read:

222931-224.01. Page 1, line 16, strike the comma insert ":

1."Prisoner Aftermedical linerecords; 19, insert:

"2.release to immediate family or designated individual;

"PHYSICIAN"medical MEANSrecommendation; A PHYSICIAN WHO HOLDS AN ACTIVE LICENSE IN GOOD STANDING ISSUED BY ANY STATE." Amend title to conform DOMINGO DEGRAZIA 2229DEGRAZIA 01/25/2022 11:26 AM C:

SPdefinitions -2-A.

A PRISONER MAY AUTHORIZE THE DEPARTMENT TO RELEASE THE PRISONER'S MEDICAL RECORD TO A MEMBER OF THE PRISONER'S IMMEDIATE FAMILY OR TO A DESIGNATED INDIVIDUAL.

THE AUTHORIZATION MUST BE IN WRITING AND INCLUDE A RELEASE THAT COMPLIES WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT PRIVACY STANDARDS (45 CODE OF FEDERAL REGULATIONS PART 164, SUBPART E).

IF AUTHORIZED BY THE PRISONER, THE DEPARTMENT SHALL RELEASE THE PRISONER'S MEDICAL RECORD TO A MEMBER OF THE PRISONER'S IMMEDIATE FAMILY OR TO THE DESIGNATED INDIVIDUAL.

THE DEPARTMENT SHALL PROVIDE THE MEDICAL RECORD WITHIN FIFTEEN CALENDAR DAYS AFTER RECEIVING THE PRISONER'S AUTHORIZATION TO RELEASE THE MEDICAL RECORD.

PURSUANT TO SECTIONS 31-221 AND 39-121.01, THE DEPARTMENT MAY CHARGE A FEE TO COPY AND PRODUCE THE PRISONER'S MEDICAL RECORD.

B.

A MEMBER OF THE PRISONER'S IMMEDIATE FAMILY OR THE DESIGNATED INDIVIDUAL WHO IS AUTHORIZED TO RECEIVE THE PRISONER'S MEDICAL RECORD MAY SUBMIT A RECOMMENDATION ON BEHALF OF THE PRISONER TO THE DEPARTMENT FOR MEDICAL TREATMENT FOR THE PRISONER.

THE RECOMMENDATION MUST BE FROM A PHYSICIAN WHO HAS RECENTLY REVIEWED THE PRISONER'S MEDICAL RECORD OR WHO HAS PREVIOUSLY TREATED THE PRISONER FOR A MEDICAL CONDITION.

THE DEPARTMENT IS NOT REQUIRED TO ACCEPT OR OTHERWISE IMPLEMENT THE RECOMMENDATION BUT SHALL PROMPTLY SUBMIT THE RECOMMENDATION TO THE DEPARTMENT'S CONTRACTED INMATE HEALTHCARE VENDOR FOR THE VENDOR'S CLINICAL CONSIDERATION AND TO DETERMINE IF THE RECOMMENDATION IS MEDICALLY INDICATED.

IF THE DEPARTMENT'S CONTRACTED INMATE HEALTHCARE VENDOR DETERMINES THAT THE RECOMMENDATION IS NOT MEDICALLY INDICATED, THE VENDOR SHALL PROMPTLY PLACE A WRITTEN CLINICAL EXPLANATION FOR THE DECISION IN THE PRISONER'S MEDICAL RECORD.

C.

FOR THE PURPOSES OF THIS SECTION:

1.

"MEDICAL RECORD" INCLUDES ANY MEDICAL RECORD THAT IS RETAINED BY THE DEPARTMENT OR A MEDICAL PROFESSIONAL AND THAT RELATES TO MEDICAL TREATMENT THAT WAS PROVIDED TO THE PRISONER WHILE IN A DEPARTMENT FACILITY.

2.

"PHYSICIAN" MEANS A PHYSICIAN WHO HOLDS AN ACTIVE LICENSE IN GOOD STANDING ISSUED BY ANY STATE.

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