HB 26-1414

HB 26-1414, also known as the Medical Record Requests bill, limits how much healthcare providers can charge attorneys or personal representatives for medical records that exceed 664 pages. The maximum fee is set at $400 unless special handling of sensitive information is required, in which case a reasonable fee may be charged. Starting in 2028, this limit will adjust for inflation every two years. The bill also mandates that medical records must be provided electronically if possible and within 30 days after payment, with some exceptions for delays due to force majeure events. Since the status of the bill is "signed," it has been approved by the legislature and signed into law by the governor, meaning its provisions are now enforceable.

Official Summary

The bill caps the amount that a health-care entity or health-care provider may charge for a record request made by a patient's attorney or the attorney of the patient's personal representative, pursuant to an authorization in compliance with the federal 'Health Insurance Portability and Accountability Act of 1996', a valid subpoena, or a valid court order, if the requested record exceeds 664 pages at $400 unless the record request requires the health-care facility or health-care provider to segregate, withhold, or redact protected health information in order to comply with applicable law or the scope or limitations of the authorization in compliance with the federal 'Health Insurance Portability and Accountability Act of 1996', a valid subpoena, or a valid court order, in which case the health-care entity or health-care provider may charge a reasonable fee.      Beginning January 1, 2028, and every even-numbered year thereafter, the bill requires the $400 limit to be adjusted for inflation.      The bill requires the requested medical records to be delivered in electronic format if certain conditions are met.     The bill requires that all medical records be provided in response to a request for medical records within 30 days after the health-care entity receives payment for the request.      The bill requires the health-care facility or health-care provider to provide the requestor with an invoice for the records provided in response to the record request within 30 days of receiving the request and must provide the records upon payment of the invoice.     If the health-care facility or health-care provider is unable to comply with the request for records within thirty days, the health-care facility or health-care provider must provide the records to the requestor at no cost unless the delay is due to a force majeure event. In which case, the health-care facility or health-care provider must provide written notice to the requestor within 5 business days of becoming aware of the force majeure event. The 30 day time frame to respond to a request for records commences upon resolution of the force majeure event.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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