LD 207
pg. 4
Page 3 of 6 An Act to Clarify the Confidentiality of Health Care Information Page 5 of 6
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LR 1608
Item 1

 
request for copies of the patient's medical records, the copies
must, if available, be made available to the patient within a
reasonable time unless, in the opinion of the hospital, it would be
detrimental to the health of the patient to obtain the records. If
the hospital is of the opinion that release of the records to the
patient would be detrimental to the health of the patient, the
hospital shall advise the patient that copies of the records will
be made available to the patient's authorized representative upon
presentation of a proper authorization signed by the patient. The
hospital may exclude from the copies of medical records released
any information related to a clinical trial sponsored, authorized
or regulated by the federal Food and Drug Administration.

 
If an authorized representative for a patient requests, in
writing, that a hospital provide the authorized representative
with a copy of the patient's medical records and presents a
proper authorization from the patient for the release of the
information, copies must be provided to the authorized
representative within a reasonable time.

 
A written request or authorization for release of medical
records under this section satisfies the requirements of section
1711-C, subsection 3.

 
A patient may submit to a hospital an addition to the
patient's medical records, which must be retained with the
medical record by the hospital. If the hospital adds to the
medical record a statement in response to the submitted addition,
the hospital shall provide a copy to the patient.

 
Reasonable costs incurred by the hospital in making and
providing copies of medical records and additions to medical
records, must be borne by the requesting person, and the hospital
may require payment prior to responding to the request.

 
Release of a patient's medical records to a person other than
the patient is governed by section 1711-C.

 
Sec. 6. 22 MRSA §1711-A, as amended by PL 1997, c. 793, Pt. A, §2
and affected by §10, is further amended to read:

 
§1711-A. Fees charged for records

 
Whenever a health care practitioner defined in section 1711-B
furnishes requested copies of a patient's treatment medical
record or a medical report or an addition to a treatment record
or medical report to the patient, the charge for the copies or
the report may not exceed the reasonable costs incurred


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