Virginia 2019 Regular Session Status: Died

HB 2044 — Medical records; subpoena duces tecum, additional time to comply.

Last action — Failed to pass in House

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. Died in session

This bill died with 2019 Regular Session. It reached “Passed House of Delegates” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Provides that a health care provider may make a written request to the party requesting the subpoena duces tecum or the party on whose behalf the subpoena was issued for such party's consent to an additional seven days within which to comply with such subpoena, which consent shall not be unreasonably withheld, provided such subpoena was served within 15 days of the return date and provided such additional time does not adversely affect a party's ability to timely prepare for trial, depositions, or such other proceeding.

Bill Text

What changed in the latest version

22 added · 21 removed

Plain-language change summary

The bill HB 2044 has been revised to adjust the process for handling requests for medical records. The key change is that now, if a patient's request for their records is denied, the review of that decision can be conducted by a physician or clinical psychologist who has appropriate qualifications and did not participate in the original denial; this ensures a fair evaluation. Additionally, the bill clarifies the responsibility for costs related to producing medical records, which enhances transparency and protects patients' rights to access their information. These adjustments matter because they aim to improve the accessibility of medical records for patients, ensuring they have proper oversight when access is denied.

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SESSION history | hilite | pdf | print version 19106180D HOUSE BILL NO.
SESSION history | hilite | pdf | print version 19106775D HOUSE BILL NO.
2044 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 1, 2019) (Patron Prior to Substitute--Delegate McGuire) A BILL to amend and reenact § 8.01-413 of the Code of Virginia, relating to medical records;
2044 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on February 11, 2019) (Patron Prior to Substitute--Delegate McGuire) A BILL to amend and reenact § 8.01-413 of the Code of Virginia, relating to medical records;
That § 8.01-413 of the Code of Virginia is amended and reenacted as follows:
That § 8.01-413 of the Code of Virginia is amended and reenacted as follows:
If consent is provided to provide for additional time within which to comply with the subpoena, the fee charged for any copies produced in paper or hard format shall not exceed $0.10 per page.
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Action History

  1. Failed to pass in House

  2. No further action taken

  3. Conferees appointed by Senate

  4. Conferees appointed by House

  5. House acceded to request

  6. Senate requested conference committee

  7. Senate substitute rejected by House 19106775D-S1 (0-Y 94-N)

  8. Placed on Calendar

  9. Engrossed by Senate - committee substitute HB2044S1

  10. Committee substitute agreed to 19106775D-S1

  11. Reading of substitute 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 (99-Y 0-N)

  16. Engrossed by House - committee substitute HB2044H1

  17. Committee substitute agreed to 19106180D-H1

  18. Read second time

  19. Read first time

  20. Assigned Courts sub: Subcommittee #2

  21. Referred to Committee for Courts of Justice

  22. Prefiled and ordered printed; offered 01/09/19 19102164D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on · 5 voted No

Sponsors (1)

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

Senate insisted on substitute

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Carrico — Yea
Dance — Yea
Black — Yea
Chafin — Yea
McClellan — Yea
Spruill — Yea
Wagner — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Passed Senate with substitute

Passed 34 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 34400
Total 34400
% of votes cast 89%11%0%0%
How each member voted (38)
Member Party Vote
Chafin — Yea
Dance — Yea
Wagner — Yea
McClellan — Yea
Black — Yea
Carrico — Yea
Spruill — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Nay
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Nay
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Constitutional reading dispensed

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Black — Yea
Dance — Yea
McClellan — Yea
Spruill — Yea
Carrico — Yea
Chafin — Yea
Wagner — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Glen H. Sturtevant, Jr. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Reported from Courts of Justice with substitute

Passed 9 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9500
Total 9500
% of votes cast 64%36%0%0%
How each member voted (14)
Member Party Vote
Chafin — Nay
Petersen — Yea
Edwards — Yea
Howell — Yea
Norment — Nay
Saslaw — Yea
Glen H. Sturtevant, Jr. — Nay
L. Louise Lucas — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ryan T. McDougle — Yea
William M. Stanley, Jr. — Yea

Reported from Courts of Justice with substitute

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Bourne — Yea
Collins — Yea
Gilbert — Yea
Mullin — Yea
Bell, Robert B. — Yea
Campbell, J.L. — Yea
Campbell, R.R. — Yea
Miyares — Yea
Ransone — Yea
Toscano — Yea
Charniele L. Herring — Yea
James A. "Jay" Leftwich — Yea
Jennifer D. Carroll Foy — Yea
Kimberly Pope Adams — Yea
Marcus B. Simon — Yea
Patrick A. Hope — Yea
Terry G. Kilgore — Yea
Vivian E. Watts — Yea

Subjects

healthcare
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Frequently asked questions

What does HB 2044 do?
Provides that a health care provider may make a written request to the party requesting the subpoena duces tecum or the party on whose behalf the subpoena was issued for such party's consent to an additional seven days within which to comply with such subpoena, which consent shall not be unreasonably withheld, provided such subpoena was served within 15 days of the return date and provided such additional time does not adversely affect a party's ability to timely prepare for trial, depositions, or such other proceeding.
Who sponsors HB 2044?
HB 2044 is sponsored by Garrett McGuire.
What is the current status of HB 2044?
This bill died with 2019 Regular Session. It reached “Passed House of Delegates” 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 HB 2044?
Track HB 2044 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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