2015 -- H 5596

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LC001361

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY - DEPARTMENT OF HEALTH

     

     Introduced By: Representatives Shekarchi, McKiernan, Ackerman, Kennedy, and Lima

     Date Introduced: February 25, 2015

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-1-48 of the General Laws in Chapter 23-1 entitled "Department

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of Health" is hereby amended to read as follows:

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     23-1-48. Reimbursement for medical record copies. – (a) The director shall

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promulgate rules and regulations which establish reasonable charges for expenses incurred in

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responding to requests for copies of medical records by physicians pursuant to § 5-37-22(c) and

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(d), and any health care provider as defined in § 5-37.3-3(4). The director may utilize data

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provided by the Rhode Island health information management association or other similar local

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professional organization in his or her determination as to the amount of the charges permitted by

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this section.

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     (b) If the health care provider defined in § 5-37.3-3(4) utilizes an electronic health

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records system or database:

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     (i) The individual shall have a right to obtain from such health care provider a copy of the

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records in an electronic format; and

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     (ii) The reasonable charges for responding to requests for copies of medical records in

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electronic format shall not exceed a fee for clerical services of fifteen dollars ($15.00) regardless

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of the amount of time necessary to retrieve the record, shipping costs and the reasonable costs of

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the data storage device used to transport the medical records.

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     (c) If the health care provider as defined by § 5-37.3-3(4), does not utilize an electronic

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health records system or database, the reasonable charges for responding to requests for copies of

 

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medical records shall not exceed a fee for clerical services of fifteen dollars ($15.00) regardless of

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the amount of time necessary to retrieve the record, shipping costs and ten cents ($.10) per page

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for all pages of medical records provided.

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     (d) Copies of X-rays or other documents not reproducible by photocopy shall be at the

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health care provider's actual cost, plus reasonable fees for clerical service not to exceed fifteen

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dollars ($15.00).

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     (e) A special handling fee of ten dollars ($10.00) may be charged if the records must be

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delivered to the patient or authorized representative within forty-eight (48) hours of the request.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - DEPARTMENT OF HEALTH

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     This act would determine reimbursement rates for medical records copies from health

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care providers that utilize an electronic health records system, as well as those that do not utilize

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electronic systems.

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     This act would take effect upon passage.

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