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) intro-
duced 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medical Records Ac-
cess Fairness Act’’. 
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SEC. 2. ACCESS OF INDIVIDUALS TO PROTECTED HEALTH 
INFORMATION AT NO COST UNLESS CERTAIN 
CIRCUMSTANCES APPLY. 
Section 13405 of the HITECH Act (42 U.S.C. 
17935) is amended by adding at the end the following new 
subsection: 
‘‘(f) ACCESS
OF
INDIVIDUALS
TO
PROTECTED 
HEALTH INFORMATION AT NO COST UNLESS CERTAIN 
CIRCUMSTANCES APPLY.— 
‘‘(1) ACCESS OF INDIVIDUALS TO PROTECTED 
HEALTH INFORMATION AT NO COST UNLESS CER-
TAIN CIRCUMSTANCES APPLY.— 
‘‘(A) IN GENERAL.—In providing an indi-
vidual (and, if the individual expressly requests, 
a health care provider or a family caregiver) 
with access to a copy of such individual’s pro-
tected health information (or a summary or ex-
planation of such information) in accordance 
with section 164.524 of title 45, Code of Fed-
eral Regulations, a health care provider may 
only impose a fee on such individual if the indi-
vidual is requesting— 
‘‘(i) a duplicate copy (or summary or 
explanation) of protected health informa-
tion that was previously provided to such 
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individual in the same calendar year of the 
request; or 
‘‘(ii) a non-electronic copy (or sum-
mary or explanation) of protected health 
information that the health care provider 
has made accessible for the individual, at 
no cost, on an online portal of the health 
care provider. 
‘‘(B) COPIES
TRANSMITTED
TO
OTHER 
HEALTH CARE PROVIDERS.—In the case of an 
individual who expressly requests a health care 
provider to transmit to another health care pro-
vider a copy of such individual’s protected 
health information (or a summary or expla-
nation of such information), such transmitting 
provider may transmit such copy (or summary 
or explanation) in any form and format to the 
extent that such form and format is readily us-
able by such receiving provider. 
‘‘(C) RULE OF CONSTRUCTION.—Nothing 
in this subsection may be construed as requir-
ing a health care provider to provide, at no 
cost, a copy of an individual’s protected health 
information (or a summary or explanation of 
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such information) to any attorney of such indi-
vidual. 
‘‘(2) REGULATIONS.—Not later than six months 
after the date of the enactment of this subsection, 
the Secretary of Health and Human Services shall 
promulgate and amend regulations as necessary to 
implement the requirements described in this sub-
section. 
‘‘(3) EFFECTIVE DATE.—This subsection shall 
apply with respect to requests for access to protected 
health information made on or after the date that is 
180 days after the date of the enactment of this 
subsection.’’. 
Æ 
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