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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Expanding Access to Medical Records
Act''.

SEC. 2. FULL ACCESS TO MEDICARE INFORMATION BY THE AUTHORIZED
REPRESENTATIVE OF A DECEASED BENEFICIARY.

(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended by adding at the end the following new
section:

''full access to medicare information by the authorized representative
of a deceased beneficiary

''Sec. 1899. (a) In General.--In the case of the death of an
individual entitled to, or enrolled for, benefits under part A or
enrolled for benefits under part B, the Secretary shall--
''(1) make available to the authorized representative of
the individual all information concerning the individual's
benefits under this title, including--
''(A) the coverage and status of such benefits (as
of the day before the individual's death); and
''(B) billing, claims, and payment information
regarding items and services furnished to the
individual under this title (on or before such day);
and
''(2) provide such authorized representative access to any
source of information maintained by the Federal government with
respect to such benefits, including online databases, that the
individual had access to during his or her lifetime.
''(b) Definition of Authorized Representative; Special Rules.--
''(1) In general.--In this section, the term 'authorized
representative' means an executor, administrator, or other
individual who has authority to act on the deceased
individual's behalf (as determined by the Secretary under
paragraph (2)).
''(2) Determination of authorized representative.--
''(A) In general.--The Secretary shall establish
procedures under which the Secretary determines whether
an individual is an authorized representative of the
deceased individual. Under such procedures, the
individual seeking such determination shall provide
evidence (in such form and such manner as specified by
the Secretary) of the individual's legal authority to
act on behalf of the deceased individual.
''(B) Timeline for determination.--The Secretary
shall make a determination under subparagraph (A) not
later than 30 days after receipt of the evidence
described in such subparagraph.
''(3) Notification and access to information.--After making
a determination under paragraph (2) with respect to an
individual, the Secretary shall--
''(A) notify the individual of the determination
not later than 7 days after the date on which the
determination is made; and
''(B) in the case where such individual is so
determined to be the authorized representative of the
deceased individual, as soon as practicable--
''(i) make available to the authorized
representative the information described in
paragraph (1) of subsection (a); and
''(ii) provide the authorized
representative access to the sources described
in paragraph (2) of such subsection.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date that is 60 days after the date of enactment of this
Act.

SEC. 3. FULL ACCESS TO MEDICAID INFORMATION BY THE AUTHORIZED
REPRESENTATIVE OF A DECEASED BENEFICIARY.

(a) In General.--Title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) is amended by adding at the end the following new
section:

''full access to medicaid information by the authorized representative
of a deceased beneficiary

''Sec. 1943. (a) In General.--In the case of the death of an
individual enrolled under the State plan for medical assistance or
under a waiver of such plan, the State Medicaid agency shall--
''(1) make available to the authorized representative of
the individual all information concerning the individual's
benefits under this title, including--
''(A) the coverage and status of such benefits (as
of the day before the individual's death); and
''(B) billing, claims, and payment information
regarding items and services furnished to the
individual under this title (on or before such day);
and
''(2) provide such authorized representative access to any
source of information maintained by the State with respect to
such benefits, including online databases, that the individual
had access to during his or her lifetime.
''(b) Definition of Authorized Representative; Special Rules.--
''(1) In this section, the term 'authorized representative'
means an executor, administrator, or other individual who has
authority to act on the deceased individual's behalf (as
determined by the State Medicaid agency under paragraph (2)).
''(2) Determination of authorized representative.--
''(A) In general.--The State Medicaid agency shall
establish procedures under which such agency determines
whether an individual qualifies as an authorized
representative of the deceased individual. Under such
procedures, the individual seeking such a determination
shall provide evidence (in such form and such manner as
specified by the State Medicaid Agency) of the
individual's legal authority to act on behalf of the
deceased individual.
''(B) Timeline for determination.--The State
Medicaid agency shall make a determination under
subparagraph (A) not later than 30 days after receipt
of the evidence described in such subparagraph.
''(3) Notification and access to information.--After making
a determination under paragraph (2) with respect to an
individual, the State Medicaid Agency shall--
''(A) notify the individual of the determination
not later than 7 days after the date on which the
determination is made; and
''(B) in the case where such individual is so
determined to be the authorized representative of the
deceased individual, as soon as practicable--
''(i) make available to the authorized
representative the information described in
paragraph (1) of subsection (a); and
''(ii) provide the authorized
representative access to the sources described
in paragraph (2) of such subsection.
''(c) Definition of State Medicaid Agency.--The term 'State
Medicaid agency' means the State agency responsible for administering
the State plan established under this title or any waiver of such
plan.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall take effect on the date
that is 60 days after the date of enactment of this Act.
(2) Extension of effective date for state law amendment.--
In the case of a State plan under this title which the
Secretary of Health and Human Services determines requires
State legislation in order for the plan to meet the additional
requirements imposed by the amendment made by subsection (a),
the State plan shall not be regarded as failing to comply with
the requirements of such title solely on the basis of its
failure to meet these additional requirements before the first
day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins
after the date of the enactment of this Act. For purposes of
the previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered to
be a separate regular session of the State legislature.
Output:
Expanding Access to Medical Records Act - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require the Secretary of Health and Human Services (HHS) grant the authorized representative of a deceased beneficiary full access to information with respect to the deceased beneficiary's benefits under the Medicare and Medicaid programs.