California 2011-2012 Regular Session Status: In Committee

SB 1543 — Patient records: inspection and copies.

Last action — Set, first hearing. Hearing canceled at the request of author.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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.

Bill Text

Action History

  1. Set, first hearing. Hearing canceled at the request of author.

  2. Set for hearing April 25 in HEALTH pending receipt.

  3. Re-referred to Coms. on JUD. and HEALTH.

  4. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  5. Referred to Com. on RLS.

  6. Read first time.

  7. From printer. May be acted upon on or after March 26.

  8. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Emmerson · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Emmerson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1543 do?
(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.
Who sponsors SB 1543?
SB 1543 is sponsored by Emmerson.
What is the current status of SB 1543?
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1543?
Track SB 1543 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 1543

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 1543

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →