Medical records; fee limits and penalty for failure to provide. (HB1130)

Introduced By

Del. Greg Habeeb (R-Salem)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Requests for medical records; fee limits and penalty for failure to provide. Provides that when documents are requested or subpoenaed, the requester or subpoenaing party has the option of specifying that the documents are to be produced by the health care provider in hard copy or electronic format, and where a requester makes no specification, the documents are to be produced in electronic format. The bill imposes a maximum cost to the requester of medical records requested in electronic format. Current law does not set a maximum cost or deadline for production but provides that if a court finds that a health care provider refuses to comply either by willfully or arbitrarily refusing or by imposing a charge in excess of the reasonable expense of making the copies and processing the request for records, the court may award damages for all expenses incurred by the patient or authorized insurer to obtain such copies, including court costs and reasonable attorney fees. The bill imposes a $100 per day sanction, plus damages, attorney fees, and costs incurred by the requesting party, upon health care providers who do not furnish copies of medical records or papers within 15 days of such request. Read the Bill »


02/03/2016: Failed to Pass in Committee


01/13/2016Prefiled and ordered printed; offered 01/13/16 16103223D
01/13/2016Referred to Committee for Courts of Justice
01/20/2016Assigned to sub: Civil Law
01/20/2016Assigned App. sub: Civil Law
01/20/2016Assigned Courts sub: Civil Law
01/25/2016Subcommittee recommends continuing to 2017
02/03/2016Continued to 2017 in Courts of Justice