2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART VII - Hospitals, Institutions and Health Programs (§§ 3001 — 3891) › Chapter 132 - Bill of Rights and Responsibilities of the Patient (§§ 3041 — 3058) › § 3049 - Rights—Confidentiality of medical records and information

All patients, guardians, consumers and users of medical and hospital healthcare services in Puerto Rico are entitled to:
(a) Communicate freely, at ease, and in strict confidentiality with their medical and hospital services health care providers.
(b) Feel fully confident that their medical and health information will be kept in strict confidentiality by their medical and hospital services health care providers, and that said information will not be disclosed without the patients’, or their guardians’, written consent and, in any case, solely for medical or treatment purposes, including the continuation or modification of medical care or treatment, or for prevention or quality control purposes, or in regards to the payment of medical and hospital health care services.
(c) Feel confident that the unauthorized disclosure of information contained in medical or health records will be made solely after a court order has been issued or by specific authorization under the law, including but not limited to investigations concerning the commission of fraud or crimes.
(d) All providers and insurers are to keep confidential all those files, clinical records, or documents containing information on the medical status of any patient. All providers and insurers shall also take measures to protect the privacy of their patients, safeguarding their identity. Nothing provided in this chapter shall be deemed to impair the exchange of information between healthcare services providers and the Health Services Administration, when such information is provided for audit or service payment purposes. The beneficiary recognizes the power of ASES to initiate premium collection and recovery efforts.
(e) Every provider and every insurer shall provide all patients, or the guardians thereof, with a speedy access to their files and records. Patients are entitled to receive a copy of their medical record.
Whenever any of the parties, to wit the medical services provider or the patient, concludes the physician-patient relationship, said medical record shall be furnished to the patient, father, mother, or custodian free of charge, within a term that shall not exceed five (5) working days. The fact that an outstanding debt exists between the physician and the patient shall not be an impediment for the patient to obtain his/her medical record.
(f) To be provided with a receipt for all expenses incurred on account of payment, whether full and/or partial, of copayments or others, at the time of making such payment. Such receipt shall include at least the following information:
(1) Name of the medical-hospital institution, license number, and specialty.
(2) Date of the service rendered.
(3) Name of the patient or service consumer.
(4) Name of the person who paid for the services, if other than the person who receives the same.
(5) Amount paid for the service.
(6) Signature of the authorized official of the medical-hospital institution.
(g) To receive, whether from the insurer, the insuring entity, the healthcare facility, the Health Plan of the Government of Puerto Rico, or the healthcare plan, a detailed quarterly breakdown report of the services and general expenses incurred. This report shall be delivered only to the insured person, and shall be sent electronically in a secure manner to the insured person or the subscriber, or through the employer that negotiated the group coverage. The insured person may request to receive this report by mail. The insured person or subscriber shall be responsible for notifying any change of e-mail or mailing address to the insurer, the healthcare facility, the Health Plan of the Government of Puerto Rico, or the healthcare plan. The person under the obligation to send the report who fails to do so because he/she has an incorrect, nonexistent, or incomplete address or has had the report returned previously, or has an address that does not meet the criteria established by the United States Postal Service, shall not be guilty of violating the law.
The report shall include, at least, the following information:
(1) The name of the insured person or subscriber.
(2) Total premium payment.
(3) Date of service.
(4) Kind of service.
(5) Description of service.
(6) Service provider.
(7) Amount paid by the insured person.
(8) Amount paid by the insurer.
(9) Total amount paid.
History —Aug. 25, 2000, No. 194, § 11; Dec. 25, 2002, No. 309, § 1; Sept. 29, 2004, No. 499, § 1; Dec. 16, 2009, No. 176, § 6; July 30, 2010, No. 114, § 1, eff. 180 days after July 30, 2010; Dec. 20, 2011, No. 269, § 1.