Medical records or papers; fee limits, penalty for failure to provide. (HB1689)

Introduced By

Del. Greg Habeeb (R-Salem)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Requests for medical records or papers; fee limits; penalty for failure to provide. Provides the requestor of medical records or papers has the option of specifying in which format the records or papers are to be produced. The bill allows a health care provider to produce such records or papers in paper or other hard copy format if the items are requested to be produced in electronic format, but the health care provider does not maintain such items in an electronic format or have the capability to produce items in an electronic format. The bill increases from 15 to 30 days the time allowed for health care providers to comply with a request received for records or papers. The bill imposes maximum charges for the production of requested medical records or papers, which vary depending on the format in which the records are produced. The bill sets a maximum total fee of $150 for requests made on or after July 1, 2017, but before July 1, 2021, and $160 for requests made on or after July 1, 2021. The bill directs a provider to comply with a subpoena duces tecum by returning the specified records or papers either on the return date on the subpoena, or five days after receipt of a certification sent by the issuing party, whichever is later. If a court finds that such records or papers are not produced (i) for a reason other than compliance with privacy requirements or (ii) due to an inability to retrieve or access such records or papers, the subpoenaing party shall be entitled to a rebuttable presumption that expenses and attorney fees related to the failure to produce such records shall be awarded by the court. Read the Bill »


Bill Has Passed


01/06/2017Prefiled and ordered printed; offered 01/11/17 17103596D
01/06/2017Referred to Committee for Courts of Justice
01/13/2017Assigned Courts sub: Civil Law
01/16/2017Impact statement from VDH (HB1689)
01/23/2017Subcommittee recommends reporting with amendments (6-Y 0-N)
01/23/2017Subcommittee recommends reporting with amendments (7-Y 0-N)
01/27/2017Reported from Courts of Justice with amendments (21-Y 0-N) (see vote tally)
01/31/2017Read first time
02/01/2017Read second time
02/01/2017Committee amendments agreed to
02/01/2017Engrossed by House as amended HB1689E
02/01/2017Printed as engrossed 17103596D-E
02/02/2017Read third time and passed House BLOCK VOTE (95-Y 0-N)
02/02/2017VOTE: BLOCK VOTE PASSAGE (95-Y 0-N) (see vote tally)
02/03/2017Impact statement from VDH (HB1689E)
02/03/2017Constitutional reading dispensed
02/03/2017Referred to Committee for Courts of Justice
02/15/2017Reported from Courts of Justice with amendment (13-Y 0-N) (see vote tally)
02/17/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/20/2017Read third time
02/20/2017Reading of amendment waived
02/20/2017Committee amendment agreed to
02/20/2017Engrossed by Senate as amended
02/20/2017Passed Senate with amendment (39-Y 0-N) (see vote tally)
02/20/2017Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/20/2017Passed Senate with amendment (40-Y 0-N) (see vote tally)
02/21/2017Placed on Calendar
02/21/2017Senate amendment agreed to by House (97-Y 0-N)
02/21/2017VOTE: ADOPTION (97-Y 0-N) (see vote tally)
02/24/2017Bill text as passed House and Senate (HB1689ER)
02/24/2017Signed by Speaker
02/24/2017Signed by President
02/27/2017Impact statement from VDH (HB1689ER)
02/28/2017Enrolled Bill communicated to Governor on 2/28/17
02/28/2017G Governor's Action Deadline Midnight, March 27, 2017
03/13/2017G Approved by Governor-Chapter 457 (effective 7/1/17)
03/13/2017G Acts of Assembly Chapter text (CHAP0457)