I 

115TH CONGRESS 

2D SESSION H. R. 7295 

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

such individual’s protected health information at no cost in certain circumstances, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2018 

Mr. FOSTER (for himself, Mr. CARSON of Indiana, Ms. DELAURO, Mr. GONZALEZ of Texas, Mr. GRIJALVA, Mr. JOHNSON of Georgia, and Ms. 

WASSERMAN SCHULTZ) 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 in certain circumstances, 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’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 7295 IH

1 SEC. 2. ACCESS OF INDIVIDUALS TO PROTECTED HEALTH 

2 INFORMATION AT NO COST IN CERTAIN CIR3 CUMSTANCES. 

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 IN CERTAIN CIR9 CUMSTANCES.— 

10 ‘‘(1) ACCESS OF INDIVIDUALS TO PROTECTED

11 HEALTH INFORMATION AT NO COST IN CERTAIN CIR12 CUMSTANCES.— 

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 not impose any fee on such individual, unless 

22 the individual is requesting— 

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

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


kjohnson on DSK79L0C42 with BILLS
3 

•HR 7295 IH

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

21 after the date of the enactment of this subsection, 

22 the Secretary of Health and Human Services shall 

23 promulgate and amend regulations as necessary to 

24 implement the requirements described in this sub25 section. 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 7295 IH

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

2 take effect with respect to requests for access to pro3 tected health information made on or after the date 

4 that is 180 days after the date of the enactment of 

5 this subsection.’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS