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SSHB 143: "An Act relating to the right of health care recipients to obtain their medical records; and providing for an effective date."

00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 143                                                                               
01 "An Act relating to the right of health care recipients to obtain their medical                                         
02 records; and providing for an effective date."                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 18.23.065 is repealed and reenacted to read:                                                        
05  Sec. 18.23.065.  PATIENT'S RIGHT TO HEALTH CARE RECORDS.  (a)                                                         
06 Except as provided in (c) of this section, upon receipt of a written request for a                                      
07 patient's records, executed by the patient, an authorized representative of the patient,                                
08 or the personal representative of the estate of the patient, a health care provider shall,                              
09 within 30 calendar days, mail to the requesting person or have available for pickup by                                  
10 that person the requested records.                                                                                      
11  (b)  The records provided under (a) of this section shall either be the original                                      
12 records or clear, legible copies of the original records, and must consist of all the                                   
13 portions of the records requested.  However, this subsection does not supersede the                                     
14 requirements of AS 18.20.085.  If all the records for a patient were requested, none                                    
01 may be omitted.                                                                                                         
02  (c)  A health care provider who certifies in writing to the patient that a                                            
03 requested record is stored outside the state is exempt from the time limit in (a) of this                               
04 section but shall provide the record within 60 calendar days of the original request.                                   
05 If a health care provider desires to use the exemption allowed under this subsection,                                   
06 the health care provider shall notify the patient within 30 calendar days of the original                               
07 request that it might take up to 60 days to provide the record.                                                         
08  (d)  A health care provider who provides records under this section may not                                           
09 charge the requester more than the sum of                                                                               
10   (1) estimated postal charges; and                                                                                    
11   (2)  the average of the rates charged by hospitals for photocopying and                                              
12 providing medical records in the community nearest the location of the health care                                      
13 provider.                                                                                                               
14  (e)  A health care provider who negligently violates this section is guilty of a                                      
15 class B misdemeanor and is liable in a civil action to the requester for liquidated                                     
16 damages of $1,000.                                                                                                      
17    * Sec. 2.  This Act takes effect immediately under AS 01.10.070(c).