I 

116TH CONGRESS 

1ST SESSION H. R. 4698 

To amend the HITECH Act to allow an individual to obtain a copy of 

such individual’s protected health information at no cost unless certain 

circumstances apply, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 16, 2019 

Mr. FOSTER (for himself, Mr. MEEKS, Mr. RASKIN, and Mrs. BEATTY) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

A BILL 

To amend the HITECH Act to allow an individual to obtain 

a copy of such individual’s protected health information 

at no cost unless certain circumstances apply, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medical Records Ac5 cess Fairness Act’’. 


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1 SEC. 2. ACCESS OF INDIVIDUALS TO PROTECTED HEALTH 

2 INFORMATION AT NO COST UNLESS CERTAIN 

3 CIRCUMSTANCES APPLY. 

4 Section 13405 of the HITECH Act (42 U.S.C. 

5 17935) is amended by adding at the end the following new 

6 subsection: 

7 ‘‘(f) ACCESS OF INDIVIDUALS TO PROTECTED

8 HEALTH INFORMATION AT NO COST UNLESS CERTAIN

9 CIRCUMSTANCES APPLY.— 

10 ‘‘(1) ACCESS OF INDIVIDUALS TO PROTECTED

11 HEALTH INFORMATION AT NO COST UNLESS CER12 TAIN CIRCUMSTANCES APPLY.— 

13 ‘‘(A) IN GENERAL.—In providing an indi14 vidual (and, if the individual expressly requests, 

15 a health care provider or a family caregiver) 

16 with access to a copy of such individual’s pro17 tected health information (or a summary or ex18 planation of such information) in accordance 

19 with section 164.524 of title 45, Code of Fed20 eral Regulations, a health care provider may 

21 only impose a fee on such individual if the indi22 vidual is requesting— 

23 ‘‘(i) a duplicate copy (or summary or 

24 explanation) of protected health informa25 tion that was previously provided to such 


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1 individual in the same calendar year of the 

2 request; or 

3 ‘‘(ii) a non-electronic copy (or sum4 mary or explanation) of protected health 

5 information that the health care provider 

6 has made accessible for the individual, at 

7 no cost, on an online portal of the health 

8 care provider. 

9 ‘‘(B) COPIES TRANSMITTED TO OTHER

10 HEALTH CARE PROVIDERS.—In the case of an 

11 individual who expressly requests a health care 

12 provider to transmit to another health care pro13 vider a copy of such individual’s protected 

14 health information (or a summary or expla15 nation of such information), such transmitting 

16 provider may transmit such copy (or summary 

17 or explanation) in any form and format to the 

18 extent that such form and format is readily us19 able by such receiving provider. 

20 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

21 in this subsection may be construed as requir22 ing a health care provider to provide, at no 

23 cost, a copy of an individual’s protected health 

24 information (or a summary or explanation of 


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1 such information) to any attorney of such indi2 vidual. 

3 ‘‘(2) REGULATIONS.—Not later than six months 

4 after the date of the enactment of this subsection, 

5 the Secretary of Health and Human Services shall 

6 promulgate and amend regulations as necessary to 

7 implement the requirements described in this sub8 section. 

9 ‘‘(3) EFFECTIVE DATE.—This subsection shall 

10 apply with respect to requests for access to protected 

11 health information made on or after the date that is 

12 180 days after the date of the enactment of this 

13 subsection.’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS