Medical Records Access Fairness Act

Bill: 116-hr-4698
Sponsor: full_name: Rep. Foster, Bill [D-IL-11]
Introduced: 2019-10-16
Policy area: Health
Subjects: Administrative law and regulatory procedures

Department of Health and Human Services

Health care costs and insurance

Health information and medical records
Latest action: action_date: 2019-10-17
text: Referred to the Subcommittee on Health.

Summaries:
action_date: 2019-10-16
action_desc: Introduced in House
text: <p><b>Medical Records Access Fairness Act</b><br /><br /> This bill prohibits health care providers from charging a fee for providing copies of individuals' protected health information. This prohibition does not apply to requests for a (1) duplicate of a copy that an individual has received within the past year, (2) nonelectronic copy that is otherwise available at no cost in electronic form through an online portal, or (3) copy to an attorney of an individual.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 4698 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. Short title This Act may be cited as the Medical Records Access Fairness Act . 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 certain circumstances apply (A) In general In providing an individual (and, if the individual expressly requests, a health care provider or a family caregiver) with access to a copy of such individual’s protected health information (or a summary or explanation of such information) in accordance with section 164.524 of title 45, Code of Federal Regulations, a health care provider may only impose a fee on such individual if the individual is requesting— (i) a duplicate copy (or summary or explanation) of protected health information that was previously provided to such individual in the same calendar year of the request; or (ii) a non-electronic copy (or summary 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 provider a copy of such individual’s protected health information (or a summary or explanation 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 usable by such receiving provider. (C) Rule of construction Nothing in this subsection may be construed as requiring a health care provider to provide, at no cost, a copy of an individual’s protected health information (or a summary or explanation of such information) to any attorney of such individual. (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 subsection. (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. .