SB 423 — Medical records; access; eliminating certain health care provider duties; authorizing certain fees. Effective date.

ENGROSSEDAn Act ENROLLED SENATE BILL NO.

Rader of the Senate and Caldwell (Chad) of the House 6 An Act relating to medical records;

creatingproviding misdemeanoradministrative offense;penalties;

providing administrative and criminal penalties;

updating statutory language;

BESUBJECT: IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

Medical records BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

Disclosure of the information described in paragraph 1 of this subsection regarding a deceased patient shall require either a ENGR.court order or a written release of an executor, administrator, or personal representative appointed by the court, or if there is no such appointment, by the spouse of the patient or, if none, by any responsible member of the family of the patient.

S.

B.

NO.

423 Page 1 court order or a written release of an executor, administrator, or personal representative appointed by the court, or if there is no such appointment, by the spouse of the patient or, if none, by any responsible family member of the family of the patient.

ENGR.4.

Requests for medical records and medical bills from, or directed to, attorneys, insurance companies, other third parties, and by way of subpoena shall be charged a base fee of Twenty Dollars ($20.00) not more than Twenty-five Dollars ($25.00) in addition to the a per page charges required pursuant to this section fee of:

a.

not more than seventy cents ($0.70) for paper copies, plus postage or delivery fee, or b.

not more than forty cents ($0.40) for electronic copies.

The base fee shall be charged regardless of whether any records related to the request are located.

A fee of not more than Fifteen Dollars ($15.00) shall be charged if a certification or an affidavit by the provider regarding the authenticity of the medical records or ENR.

423 Page 2 4.bills is requested.

Requests for medical records and medical bills from, or directed to, attorneys, insurance companies, other third parties, and by way of subpoena shall be charged a base fee of Twenty Dollars ($20.00) Twenty-three Dollars ($23.00) in addition to the a per page charges required pursuant to this section fee of:

a.

sixty-seven cents ($0.67) for paper copies, plus postage or delivery fee, or b.

forty cents ($0.40) for electronic copies.

The base fee shall be charged regardless of whether any records related to the request are located.

A fee of Fifteen Dollars ($15.00) shall be charged if a certification or an affidavit by the provider regarding the authenticity of the medical records or bills is requested.

If a provider or business associate transmits the records electronically, no postage shall be charged but a delivery charge ENGR.shall apply.

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B.

NO.

423 Page 3 shall apply.

The cost of each printed x-ray, other photograph, or image to such person or to the legal representative of such person shall be not more than Fifteen Dollars ($15.00).

If the x-ray, other photograph, or image is provided on a CD/DVD or other electronic media, the fee shall be Twenty Dollars ($20.00) Twenty-threenot more than Twenty-five Dollars ($23.00)($25.00) per CD/DVD or other electronic media.

In the case of psychological,ENR. psychiatric, mental health, or ENGR.

423 Page 43 psychological, psychiatric, mental health, or substance abuse treatment records, access to information contained in the records shall be obtained pursuant to Section 1-109 of Title 43A of the Oklahoma Statutes.

In cases involving a claim for personal injury or death against any practitioner of the healing arts or a licensed hospital, or a nursing facility or nursing home licensed pursuant to Section 1-1903 of Title 63 of the Oklahoma Statutes arising out of patient care, where any person has placed the physical or mental condition of that person in issue by the commencement of any action, proceeding, or suit for damages, or where any person has placed in issue the physical or mental condition of any other person or deceased person by or through whom the person rightfully claims, that person shall be deemed to waive any privilege granted by law concerning any communication made to a physician or health care provider with reference to any physical or mental condition or any knowledge obtained by the physician or health care provider by ENGR.personal examination of the patient;

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B.

NO.

423 Page 5 personal examination of the patient;