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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. |
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| | 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. |
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| | A written request or authorization for release of medical | records under this section satisfies the requirements of section | 1711-C, subsection 3. |
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| | 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. |
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| | 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. |
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| | Release of a patient's medical records to a person other than | the patient is governed by section 1711-C. |
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| | 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: |
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| §1711-A. Fees charged for records |
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| | 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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