Virginia 2017 Regular Session Status: Enacted

HB 1689 — Medical records or papers; fee limits, penalty for failure to provide.

Last action — Approved by Governor-Chapter 457 (effective 7/1/17)

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

This bill has been enacted into law. Introduced January 06, 2017. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Provides that the requestor of medical records or papers has the option of specifying in which format the records or papers are to be produced. The bill allows a health care provider to produce such records or papers in paper or other hard copy format if the items are requested to be produced in electronic format, but the health care provider does not maintain such items in an electronic format or have the capability to produce items in an electronic format. The bill increases from 15 to 30 days the time allowed for health care providers to comply with a request received for records or papers. The bill imposes maximum charges for the production of requested medical records or papers, which vary depending on the format in which the records are produced. The bill sets a maximum total fee of $150 for requests made on or after July 1, 2017, but before July 1, 2021, and $160 for requests made on or after July 1, 2021. The bill directs a provider to comply with a subpoena duces tecum by returning the specified records or papers either on the return date on the subpoena, or five days after receipt of a certification sent by the issuing party, whichever is later. If a court finds that such records or papers are not produced (i) for a reason other than compliance with privacy requirements or (ii) due to an inability to retrieve or access such records or papers, the subpoenaing party shall be entitled to a rebuttable presumption that expenses and attorney fees related to the failure to produce such records shall be awarded by the court.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

In the latest version of Bill HB 1689, a specific line (74.220.50.48) has been removed, while a new line (74.220.50.220) has been added. This change could reflect a revised approach or an update in the bill's focus, which may affect how the proposed law will be implemented or understood. These changes are important as they can clarify the bill's goals or adjust its regulations.

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Latest
74.220.50.48
74.220.50.220
View plain text versions (4)

Action History

  1. Approved by Governor-Chapter 457 (effective 7/1/17)

  2. Governor's Action Deadline Midnight, March 27, 2017

  3. Enrolled Bill communicated to Governor on 2/28/17

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Senate amendment agreed to by House (97-Y 0-N)

  8. Placed on Calendar

  9. Engrossed by Senate as amended

  10. Committee amendment agreed to

  11. Reading of amendment waived

  12. Read third time

  13. Referred to Committee for Courts of Justice

  14. Constitutional reading dispensed

  15. Read third time and passed House BLOCK VOTE (95-Y 0-N)

  16. Printed as engrossed 17103596D-E

  17. Engrossed by House as amended HB1689E

  18. Committee amendments agreed to

  19. Read second time

  20. Read first time

  21. Assigned Courts sub: Civil Law

  22. Referred to Committee for Courts of Justice

  23. Prefiled and ordered printed; offered 01/11/17 17103596D

Sponsors

  • Gregory D. Habeeb · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

  • Gregory D. Habeeb

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"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

Votes

Passed 97 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 97000
Total 97000
% of votes cast 100%0%0%0%
How each member voted (97)
Member Party Vote
Albo — Yea
Cline — Yea
Dudenhefer — Yea
Farrell — Yea
Habeeb — Yea
Landes — Yea
LeMunyon — Yea
Villanueva — Yea
Yancey — Yea
Adams — Yea
Bell, Richard P. — Yea
Collins — Yea
Jones — Yea
Miller — Yea
Greason — Yea
Helsel — Yea
Hester — Yea
Holcomb — Yea
Hugo — Yea
Ingram — Yea
James — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Stolle — Yea
Toscano — Yea
Mr. Speaker — Yea
Yost — Yea
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Bell, John J. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Charniele L. Herring — Yea
Cole, Mark L. — Yea
Cox, M. Kirkland — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Edmunds, James E., II — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Heretick, Steve E. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marshall, Daniel W., III — Yea
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Yea
R. Lee Ware — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rush, Nick — Yea
Sam Rasoul — Yea
Sickles, Mark D. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea

Official roll call →

Passed 95 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 95000
Total 95000
% of votes cast 100%0%0%0%
How each member voted (95)
Member Party Vote
Campbell — Yea
Edmunds — Yea
Filler-Corn — Yea
Freitas — Yea
Gilbert — Yea
Heretick — Yea
Ingram — Yea
LaRock — Yea
Landes — Yea
LeMunyon — Yea
Levine — Yea
Orrock — Yea
Plum — Yea
Poindexter — Yea
Tyler — Yea
Villanueva — Yea
Albo — Yea
Kory — Yea
Bell, John J. — Yea
Bell, Richard P. — Yea
Bell, Robert B. — Yea
Cox — Yea
Jones — Yea
Bulova — Yea
Byron — Yea
Cline — Yea
Cole — Yea
Dudenhefer — Yea
Fariss — Yea
Farrell — Yea
Habeeb — Yea
Helsel — Yea
Hester — Yea
Holcomb — Yea
Hugo — Yea
James — Yea
Keam — Yea
Marshall, D.W. — Yea
Marshall, R.G. — Yea
Miller — Yea
Mr. Speaker — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Minchew — Yea
Miyares — Yea
Morris — Yea
Mullin — Yea
Murphy — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Ransone — Yea
Robinson — Yea
Rush — Yea
Stolle — Yea
Toscano — Yea
Yancey — Yea
Yost — Yea
Alfonso H. Lopez — Yea
Barry D. Knight — Yea
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Delores L. McQuinn — Yea
Hyland F. "Buddy" Fowler, Jr. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Kimberly Pope Adams — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Luke E. Torian — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Mark D. Sickles — Yea
Michael J. Webert — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
R. Lee Ware — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Sam Rasoul — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Will Davis — Yea

Official roll call →

Subjects

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 HB 1689 do?
Provides that the requestor of medical records or papers has the option of specifying in which format the records or papers are to be produced. The bill allows a health care provider to produce such records or papers in paper or other hard copy format if the items are requested to be produced in electronic format, but the health care provider does not maintain such items in an electronic format or have the capability to produce items in an electronic format. The bill increases from 15 to 30 days the time allowed for health care providers to comply with a request received for records or papers. The bill imposes maximum charges for the production of requested medical records or papers, which vary depending on the format in which the records are produced. The bill sets a maximum total fee of $150 for requests made on or after July 1, 2017, but before July 1, 2021, and $160 for requests made on or after July 1, 2021. The bill directs a provider to comply with a subpoena duces tecum by returning the specified records or papers either on the return date on the subpoena, or five days after receipt of a certification sent by the issuing party, whichever is later. If a court finds that such records or papers are not produced (i) for a reason other than compliance with privacy requirements or (ii) due to an inability to retrieve or access such records or papers, the subpoenaing party shall be entitled to a rebuttable presumption that expenses and attorney fees related to the failure to produce such records shall be awarded by the court.
Who sponsors HB 1689?
HB 1689 is sponsored by Gregory D. Habeeb.
What is the current status of HB 1689?
This bill has been enacted into law. Introduced January 06, 2017. Enacted.
Where can I track HB 1689?
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