SB 1508 — AN ACT CONCERNING MEDICAL RECORDS.

(A) If the written request is made directly by and furnished directly to the patient or patient's personal representative, a provider shall not charge more than the maximum allowable fee pursuant to 45 CFR 164.524(c)(4).

Permitted fees shall include any amount necessary to cover the cost of materials for furnishing a copy of an x-ray.

(B) If the written request is made by or furnished directly to someone other than the patient or the patient's personal representative, the provider shall not charge more than the following fees:

(i) For paper and electronic copies:

A ten-dollar search and retrieval fee;

plus five dollars for pages one to ten, inclusive;

plus twenty dollars for pages eleven to twenty-five, inclusive;

plus forty dollars for pages twenty-six to fifty, inclusive;

plus two dollars and twenty-five cents per page for pages fifty-one and above;

plus the actual cost of postage, if required;

(ii) For medical imaging, including, but not limited to, x-ray, magnetic resonance, computed tomography, fluoroscopy and mammography imaging:

A fifty-dollar search and retrieval fee;

plus sSB1508 / File No.

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711 twenty-five dollars per image;

plus the actual cost of postage, if required;

and (iii) Not more than one thousand five hundred dollars in total fees for copies, medical imaging or materials that are furnished pursuant to a single written request from someone other than the patient or the patient's personal representative.

(C) (i) A provider that receives a written request by someone other than the patient or the patient's personal representative may require prepayment of the fees described in subparagraph (B) of this subdivision before furnishing any copies, medical imaging or materials pursuant to such request.

(ii) On January 1, 2026, and annually thereafter, the fees prescribed in subparagraph (B) of this subdivision shall be adjusted based upon the consumer price index for all urban consumers as determined by the United States Department of Labor, Bureau of Labor Statistics.

The Commissioner of Public Health shall annually post the adjusted rateson the department's Internet web site.

(D) No provider shall charge a fee for furnishing a health record or part thereof to a patient, the patient's personal representative or the patient's attorney if the record or part thereof is necessary for the purpose of supporting a claim or appeal under any provision of the Social Security Act or a claim or appeal for veterans' benefits under any provision of Title 38 of the United States Code or chapter 506 and the request is accompanied by documentation of the claim or appeal.

Section 1 January 1, 2026 19a-490b(a) StatementSec. of Purpose:

To2 reviseJanuary the1, maximum2026 allowable20-7c(a) feesto an(d) institutionPH mayJoint chargeFavorable forSubst. medical records requested by someone other than a patient or the patient's personal representative.

[ProposedsSB1508 deletions/ areFile enclosedNo. in brackets.

Proposed711 additions7 aresSB1508 indicatedFile by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

5953711 4The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of 4the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 26 $ FY 27 $ UConn Health Ctr.

GF - Revenue At least At least Gain 600,000 600,000 Note:

GF=General Fund Municipal Impact:

None Explanation The bill results in a revenue gain of at least $600,000 annually beginning in FY 26 to the UConn Health Center (UCHC).

It increases certain fees that hospitals are allowed to charge for providing copies of medical records, particularly for those requested by third parties (i.e., not a patient or the patient's representative).

UCHC currently charges $0.65 per page plus postage for records requested by third parties, resulting in revenue of $600,000 annually.

By increasing fees for these types of records, the bill at least doubles the amount of revenue UCHC is estimated to receive from these fees.

The billmakeschanges to othertypesofmedicalrecordfeesthathave no fiscal impact to UCHC.

The bill has no fiscal impact to the Department of Public Health.

The agency has the capacity to update the fees in accordance with the bill's provisions and post them on the department's Internet website within existing resources.

sSB1508 / File No.

711 8 sSB1508 File No.

711 The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to:

(1) inflation in the bill's fee levels, as inflation will be incorporated annually into the fees under the bill, and (2) the number of various medical records requests from third parties.

sSB1508 / File No.

711 9 sSB1508 File No.

711 OLR Bill Analysis sSB 1508 AN ACT CONCERNING MEDICAL RECORDS.

SUMMARY This bill makes various changes to the fees charged for patient health records.

Principally, it:

1.

replaces current law’s fee of 65 cents per page with fees that vary based on who requests the records, the types of records, and the number of pages;

2.

requires thefees, starting January 1,2026, to be annually adjusted for inflation based on changes to the consumer price index for urban consumers, and the Department of Public Health to annually post the adjusted fees on its website;

3.

updates terminology by replacing patients’ “authorized representatives” with “personal representatives” for purposes of health records requests to align with federal regulations;

and 4.

addsphysicianassistantstothestatutorydefinitionof“provider” for purposes of patient records requests made to health care institutions.

The bill also makes technical changes.

EFFECTIVE DATE:

January 1, 2026 RECORDS REQUESTS Under current law, patients (or their attorneys or authorized representatives) can generally get copies of their health records by asking a provider or health care institution (e.g., hospital, outpatient clinic, or long-term care facility) for them in writing.

The bill replaces sSB1508 / File No.

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711 the term “authorized representative” with “personal representative” to align with federal regulations.

(Under federal regulations, someone is a “personal representative” if they can legally act on a person’s behalf in making health care decisions.) RECORDS FEES Current law allows a health care provider or institution to charge up to 65 cents per page, including any applicable research or handling fees, related costs, and first-class postage, to supply a patient’s health record.

Patients may also be charged an additional amount necessary to cover the cost of material for (1) providing a copy of an x-ray or (2) furnishing an original retained slide or tissue block or a new section cut from a retained tissue block.

The bill instead establishes fees based on who makes the request, the types of records, and the number of pages as described below.

Existing law requires providers and institutions to give the health records to the requestor within 30 days after the request is made.

For institutions, if the request was received less than 30 days from the patient’s discharge, they must provide the record when it is completed.

Requests by Patients or Their Personal Representatives If a writtenrecordsrequest ismadedirectly by thepatient or patient’s personal representative, the bill allows the provider or institution to charge no more than the fees allowed under federal law.

(Federal law allows charging reasonable, cost-based fees that include only the cost of related labor, supplies, and postage.) Under the bill, the fees charged must cover the provider’s or institution’s cost of providing copies of medical records and medical imaging materials (e.g., x-ray, MRI, CT, fluoroscopy, and mammography imaging), as well as the institution’s cost of furnishing tissue blocks and slides.

Requests by Other Parties sSB1508 / File No.

711 11 sSB1508 File No.

711 For requests made by someone other than the patient or patient’s personalrepresentative,providersandinstitutionsmaychargeupto the following amounts:

1.

for paper and electronic copies, a $10 search and retrieval fee, plus $5 for the first 10 pages, $20 for pages 11 to 25, $40 for pages to 50, an additional $2.25 per page for pages 51 and beyond, and the actual cost of any required postage;

2.

formedicalimaging,a$50searchandretrievalfee,$25perimage, and the actual cost of any required postage;

3.

for furnishing tissue blocks and slides, the amount needed to cover the cost of the materials;

and 4.

up to $1,500 in total fees for copies, medical imaging, materials, slides, or blocks given in response to a single written request.

The bill also allows providers and institutions to require prepayment of these fees before providing the records.

COMMITTEE ACTION Public Health Committee Joint Favorable Substitute Yea 26 Nay 6 (03/28/2025) sSB1508 / File No.

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