Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Establishes maximum fees for providing copies of patient medical records.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning medical records and supplementing Titles 26 and 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A patient, or the patient’s legally authorized representative, may submit a written request to a general, special, or psychiatric hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) for a copy of the patient’s medical record. The hospital shall, within 30 days of the request, provide the requester with a legible paper or electronic reproduction of the medical record from each individual admission within the dates requested. Each record shall include all pertinent data, including test results, x-ray results, and subjective information.
b. Except as provided in subsection d. of this section, the hospital may charge a fee for reproducing the record, which shall not exceed:
(1) In the case of a paper reproduction of an individual admission record, a copying fee of no more than $0.50 per page plus an administrative fee of no more than $15, or $100, whichever is less; and
(2) In the case of an electronic reproduction of an individual admission record, the actual cost of reproducing the record or $50, whichever is less.
c. A hospital shall not assess any fees or charges for a copy of a patient’s medical record other than those set forth in subsection b. of this section.
d. The fees authorized by this section shall not be imposed on:
(1) A patient who does not have the ability to pay and who presents either: (a) a statement certifying to annual income at or below 250 percent of the federal poverty level; or (b) proof of eligibility for, or enrollment in, any State or federal assistance program;
(2) A not-for-profit corporation indicating in writing that it is representing a patient; or
(3) An attorney representing a patient on a pro bono basis, provided that the attorney submits with the request a certification that the attorney is representing the patient on a pro bono basis.
2. a. A patient, or the patient’s legally authorized representative, may submit a written request to a person licensed to practice a health care profession regulated by the State Board of Medical Examiners for a copy of the patient’s medical record. The licensee shall, within 30 days of the request, provide the requester with a legible paper or electronic reproduction of the medical record, including records from other health care providers that are part of a patient’s record. The record shall include all pertinent data, including test results, x-ray results, and subjective information.
b. Except as provided in subsection d. of this section, the licensee may charge a fee for reproducing the record, which shall not exceed:
(1) In the case of a paper reproduction of a patient’s medical record, a copying fee of no more than $0.50 per page plus an administrative fee of no more than $15, or $100, whichever is less; and
(2) In the case of an electronic reproduction of a patient’s medical record, the actual cost of reproducing the record or $50, whichever is less.
c. A licensee shall not assess any fees or charges for a copy of a patient’s medical record other than those set forth in subsection b. of this section.
d. The fees authorized by this section shall not be imposed on:
(1) A patient who does not have the ability to pay and who presents either: (a) a statement certifying to annual income at or below 250 percent of the federal poverty level; or (b) proof of eligibility for, or enrollment in, any State or federal assistance program;
(2) A not-for-profit corporation indicating in writing that it is representing a patient; or
(3) An attorney representing a patient on a pro bono basis, provided that the attorney submits with the request a certification that the attorney is representing the patient on a pro bono basis.
3. The Commissioner of Health and the State Board of Medical Examiners, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations as necessary to effectuate the purposes of this act.
4. This act shall take effect on the first day of the seventh month next following the date of enactment, except that the Commissioner of Health and the State Board of Medical Examiners may take such anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.
STATEMENT
The bill sets forth the maximum fees that may be charged by hospitals, and by health care professionals licensed by the Board of Medical Examiners, to provide copies of patient medical records.
If a patient, or the patient’s legally authorized representative, submits a written request for a copy of the patient’s medical record, the hospital or licensed professional would be required to provide the requester with a legible paper or electronic reproduction of the medical record within 30 days. The record would include all pertinent data, including test results, x-ray results, and subjective information. Hospitals would be required to provide each individual admission record within the dates requested, and licensed professionals would be required to include records from other health care providers that are part of a patient’s record.
In the case of a paper reproduction of a patient’s medical record, the maximum fee for producing the record would be $100, or a copying fee of no more than $0.50 per page plus an administrative fee of no more than $15, whichever is less. In the case of an electronic reproduction of a patient’s medical record, the maximum fee for producing the record would be $50 or the actual cost of reproducing the record, whichever is less.
A hospital or licensed professional would be prohibited from assessing any fees or charges for a copy of a patient’s medical record other than those set forth in the bill. In the case of a hospital, the fees set forth in the bill would apply to each individual admission record provided.
The fees authorized under the bill would not be imposed on: a patient who does not have the ability to pay, as demonstrated by proof of annual income at or below 250 percent of the federal poverty level or proof of eligibility for, or enrollment in, any State or federal assistance program; a not-for-profit corporation indicating in writing that it is representing a patient; or an attorney who certifies that he or she is representing a patient on a pro bono basis.