HB 1689 — Medical records or papers; fee limits, penalty for failure to provide.
Last action — Approved by Governor-Chapter 457 (effective 7/1/17)
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 06, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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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 removedPlain-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.
74.220.50.4874.220.50.220
View plain text versions (4)
- Governor: Acts of Assembly Chapter text (CHAP0457) View text Current html March 13, 2017
- House: Bill text as passed House and Senate (HB1689ER) View text html February 24, 2017
- Engrossed House: Printed as engrossed 17103596D-E html February 01, 2017
- Prefiled House: Prefiled and ordered printed; offered 01/11/17 17103596D html January 06, 2017
Action History
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Approved by Governor-Chapter 457 (effective 7/1/17)
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Governor's Action Deadline Midnight, March 27, 2017
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Enrolled Bill communicated to Governor on 2/28/17
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Signed by President
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Signed by Speaker
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Enrolled
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Senate amendment agreed to by House (97-Y 0-N)
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Placed on Calendar
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Engrossed by Senate as amended
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Committee amendment agreed to
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Reading of amendment waived
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Read third time
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Referred to Committee for Courts of Justice
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Constitutional reading dispensed
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Read third time and passed House BLOCK VOTE (95-Y 0-N)
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Printed as engrossed 17103596D-E
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Engrossed by House as amended HB1689E
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Committee amendments agreed to
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Read second time
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Read first time
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Assigned Courts sub: Civil Law
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Referred to Committee for Courts of Justice
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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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 0 |
| Total | 97 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (97)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 95 | 0 | 0 | 0 |
| Total | 95 | 0 | 0 | 0 |
| % 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 |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
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?
- Track HB 1689 free on One Click Politics — get push/email alerts when it moves.
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