SENATE AMENDED
PRIOR PRINTER'S NO. 1170 PRINTER'S NO. 2106
No. 1048 Session of 1997
INTRODUCED BY J. TAYLOR, KENNEY, ARMSTRONG, YOUNGBLOOD,
MAITLAND, WALKO, SATHER, FARGO, GIGLIOTTI, BEBKO-JONES,
FICHTER, MANDERINO, MELIO, FAIRCHILD, PESCI, ITKIN, SHANER,
CORRIGAN, OLASZ, COY, LAWLESS, CURRY, STABACK, JOSEPHS,
L. I. COHEN, JAMES, CORNELL, LYNCH, BROWNE, RAMOS, MICHLOVIC,
TRELLO, LAUGHLIN, STEELMAN, ROONEY, CAWLEY, DeLUCA, PHILLIPS,
STERN, BELFANTI, KELLER, THOMAS, A. H. WILLIAMS, RAYMOND,
ROSS AND WASHINGTON, MARCH 25, 1997
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 16, 1997
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the <--
3 FURTHER PROVIDING FOR SUBPOENA OF MEDICAL RECORDS; PROVIDING <--
4 FOR A LIMIT ON CHARGES FOR REPRODUCING MEDICAL CHARTS OR
5 RECORDS; AND FURTHER PROVIDING FOR RIGHTS OF PATIENTS, FOR
6 OBTAINING PERSONAL APPEARANCE OF CUSTODIAN OF ORIGINAL
7 CHARTS, FOR OBTAINING PRODUCTION OF ORIGINAL MEDICAL RECORDS
8 AND FOR exemption from attachment of retirement funds and
9 accounts.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 8124(b)(1)(ix) of Title 42 of the <--
13 Pennsylvania Consolidated Statutes is amended to read:
14 SECTION 1. SECTION 6152(A) AND (C) OF TITLE 42 OF THE <--
15 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
16 § 6152. SUBPOENA OF RECORDS.
17 (A) ELECTION.--
18 (1) WHEN A SUBPOENA DUCES TECUM IS SERVED UPON ANY
1 HEALTH CARE PROVIDER OR AN EMPLOYEE OF ANY HEALTH CARE
2 FACILITY LICENSED UNDER THE LAWS OF THIS COMMONWEALTH,
3 REQUIRING THE PRODUCTION OF ANY MEDICAL CHARTS OR RECORDS AT
4 ANY ACTION OR PROCEEDING, IT SHALL BE DEEMED A SUFFICIENT
5 RESPONSE TO THE SUBPOENA IF THE HEALTH CARE PROVIDER OR
6 HEALTH CARE FACILITY NOTIFIES THE ATTORNEY FOR THE PARTY
7 CAUSING SERVICE OF THE SUBPOENA, WITHIN THREE DAYS OF RECEIPT
8 OF THE SUBPOENA, OF THE HEALTH CARE PROVIDER'S OR FACILITY'S
9 ELECTION TO PROCEED UNDER THIS SUBCHAPTER AND OF THE
10 ESTIMATED ACTUAL AND REASONABLE EXPENSES OF REPRODUCING THE
11 CHARTS OR RECORDS. HOWEVER, WHEN MEDICAL CHARTS OR RECORDS
12 ARE REQUESTED BY A DISTRICT ATTORNEY OR BY AN INDEPENDENT OR
13 EXECUTIVE AGENCY OF THE COMMONWEALTH, NOTICE PURSUANT TO THIS
14 SECTION SHALL NOT BE DEEMED A SUFFICIENT RESPONSE TO THE
15 SUBPOENA DUCES TECUM.
16 (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), THE
17 HEALTH CARE PROVIDER OR FACILITY OR A DESIGNATED AGENT
18 SHALL BE ENTITLED TO RECEIVE PAYMENT OF SUCH EXPENSES
19 BEFORE PRODUCING THE CHARTS OR RECORDS. THE PAYMENT SHALL
20 NOT EXCEED $15 FOR SEARCHING FOR AND RETRIEVING THE
21 RECORDS; $1 PER PAGE FOR PAPER COPIES FOR THE FIRST 20
22 PAGES; 75¢ PER PAGE FOR PAGES 21 THROUGH 60; AND 25¢ PER
23 PAGE FOR PAGES 61 AND THEREAFTER; $1.50 PER PAGE FOR
24 COPIES FROM MICROFILM; PLUS THE ACTUAL COST OF POSTAGE,
25 SHIPPING OR DELIVERY. NO OTHER CHARGES FOR THE RETRIEVAL,
26 COPYING AND SHIPPING OR DELIVERY OF MEDICAL RECORDS OTHER
27 THAN THOSE SET FORTH IN THIS PARAGRAPH SHALL BE PERMITTED
28 WITHOUT PRIOR APPROVAL OF THE PARTY REQUESTING THE
29 COPYING OF THE MEDICAL RECORDS. THE AMOUNTS WHICH MAY BE
30 CHARGED SHALL BE ADJUSTED ANNUALLY BEGINNING ON JANUARY
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1 1, 2000, BY THE SECRETARY OF HEALTH OF THE COMMONWEALTH
2 BASED ON THE MOST RECENT CHANGES IN THE CONSUMER PRICE
3 INDEX REPORTED ANNUALLY BY THE BUREAU OF LABOR STATISTICS
4 OF THE UNITED STATES DEPARTMENT OF LABOR.
5 (II) PAYMENT TO A HEALTH CARE PROVIDER OR FACILITY
6 FOR SEARCHING FOR, RETRIEVING AND REPRODUCING MEDICAL
7 CHARTS OR RECORDS REQUESTED BY A DISTRICT ATTORNEY OR
8 EXECUTIVE AGENCY OF THE COMMONWEALTH SHALL NOT EXCEED
9 $15, SEARCH AND RETRIEVAL FEE, PLUS THE ACTUAL COST OF
10 POSTAGE, SHIPPING OR DELIVERY AS DESCRIBED IN
11 SUBPARAGRAPH (I), AS ADJUSTED BY THE SECRETARY OF HEALTH
12 OF THE COMMONWEALTH, UNLESS OTHERWISE AGREED TO BY THE
13 DISTRICT ATTORNEY OR AN INDEPENDENT OR EXECUTIVE AGENCY,
14 OR OTHERWISE PROVIDED FOR BY LAW OR REGULATION,
15 GUIDELINE, POLICY STATEMENT OR PUBLICATION APPEARING IN
16 THE PENNSYLVANIA BULLETIN.
17 * * *
18 (C) DELIVERY OF RECORDS.--FOLLOWING THIS ELECTION, THE
19 HEALTH CARE PROVIDER OR FACILITY SHALL HOLD THE ORIGINALS
20 AVAILABLE, AND, UPON PAYMENT OF ITS [ESTIMATED REPRODUCTION]
21 EXPENSES BY THE PARTY CAUSING SERVICE OF THE SUBPOENA, OR BY ANY
22 OTHER PARTY, SHALL WITHIN [TEN] 30 DAYS DELIVER, BY FIRST CLASS
23 MAIL, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY PERSONAL
24 DELIVERY, LEGIBLE AND DURABLE COPIES, CERTIFIED BY THE HEALTH
25 CARE PROVIDER OR FACILITY OF ALL MEDICAL CHARTS OR RECORDS
26 SPECIFIED IN THE SUBPOENA. HOWEVER, A DISTRICT ATTORNEY OR AN
27 INDEPENDENT OR EXECUTIVE AGENCY OF THE COMMONWEALTH SHALL NOT BE
28 REQUIRED TO PAY FOR COPIES OF MEDICAL CHARTS OR RECORDS BEFORE
29 RECEIPT AND THE CHARTS OR RECORDS SHALL BE DELIVERED ON OR
30 BEFORE THE DATE SPECIFIED ON THE SUBPOENA DUCES TECUM.
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1 * * *
2 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
3 § 6152.1. LIMIT ON CHARGES.
4 (A) CHARGES.--NOTWITHSTANDING THE PROVISIONS OF SECTION
5 6152(C) (RELATING TO SUBPOENA OF RECORDS), A HEALTH CARE
6 PROVIDER OR FACILITY SHALL NOT CHARGE MORE THAN A FLAT FEE OF
7 $19 FOR THE EXPENSE OF REPRODUCING MEDICAL CHARTS OR RECORDS,
8 PLUS THE ACTUAL COST OF POSTAGE, SHIPPING OR DELIVERY, IF THE
9 CHARTS OR RECORDS ARE REQUESTED FOR THE PURPOSE OF SUPPORTING A
10 CLAIM OR APPEAL UNDER ANY PROVISION OF THE SOCIAL SECURITY ACT
11 (49 STAT. 620, 42 U.S.C. § 301 ET SEQ.) OR ANY FEDERAL OR STATE
12 FINANCIAL NEEDS-BASED BENEFIT PROGRAM. THE FEE PROVIDED FOR IN
13 THIS SUBSECTION SHALL BE ADJUSTED ANNUALLY BY THE SECRETARY OF
14 HEALTH OF THE COMMONWEALTH, AS PROVIDED FOR IN SECTION
15 6152(A)(2)(I).
16 (B) DOCUMENTATION.--THE PERSON MAKING THE REQUEST SHALL
17 PROVIDE THE HEALTH CARE PROVIDER OR FACILITY WITH CLEAR AND
18 CONVINCING DOCUMENTATION THAT THE PURPOSE OF THE REQUEST IS TO
19 OBTAIN MEDICAL CHARTS OR RECORDS NECESSARY TO SUPPORT A CLAIM OR
20 APPEAL UNDER ANY PROVISION OF THE SOCIAL SECURITY ACT OR ANY
21 FEDERAL OR STATE FINANCIAL NEEDS-BASED BENEFIT PROGRAM.
22 (C) REQUEST.--FOR PURPOSES OF THIS SECTION, A REQUEST FOR
23 MEDICAL CHARTS OR RECORDS SHALL INCLUDE, BUT NOT BE LIMITED TO,
24 A SUBPOENA FOR MEDICAL CHARTS OR RECORDS UNDER SECTION 6152 OR A
25 LETTER FROM A PERSON'S ATTORNEY OF RECORD FOR WHOM AN
26 APPOINTMENT OF REPRESENTATIVE FORM (SSA-1696-U4) HAS BEEN
27 EXECUTED, INDICATING THE NEED FOR SUCH CHARTS OR RECORDS.
28 SECTION 3. SECTIONS 6155(B), 6158, 6159 AND 8124(B)(1)(IX)
29 OF TITLE 42 ARE AMENDED TO READ:
30 § 6155. RIGHTS OF PATIENTS.
19970H1048B2106 - 4 -
1 * * *
2 (B) RIGHTS TO RECORDS GENERALLY.--
3 (1) A PATIENT OR HIS DESIGNEE, INCLUDING HIS ATTORNEY,
4 SHALL HAVE THE RIGHT OF ACCESS TO ALL OF HIS MEDICAL CHARTS
5 AND RECORDS AND TO [PHOTOCOPY] OBTAIN PHOTOCOPIES OF THE
6 SAME, WITHOUT THE USE OF A SUBPOENA DUCES TECUM, FOR HIS OWN
7 USE UPON PAYMENT OF THE REPRODUCTION COSTS NOT TO EXCEED THE
8 COSTS SET FORTH IN SECTION 6152(A)(2)(II) (RELATING TO
9 SUBPOENA OF RECORDS).
10 (2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED AS
11 REQUIRING AN INSURER TO PAY FOR MEDICAL RECORDS REQUIRED TO
12 VALIDATE MEDICAL SERVICES FOR WHICH REIMBURSEMENT IS SOUGHT
13 UNDER AN INSURANCE CONTRACT, EXCEPT AS PROVIDED IN ANY
14 CONTRACT BETWEEN AN INSURER AND ANY OTHER PARTY.
15 § 6158. OBTAINING PERSONAL ATTENDANCE OF CUSTODIAN.
16 THE PERSONAL ATTENDANCE OF THE CUSTODIAN OF THE ORIGINAL
17 CHARTS OR RECORDS SPECIFIED IN THE SUBPOENA SHALL ONLY BE
18 REQUIRED IF THE SUBPOENA DUCES TECUM SO SPECIFIES[.] FOR THE
19 PURPOSE OF OBTAINING THE CUSTODIAN'S TESTIMONY ON AN ISSUE IN
20 DISPUTE AND UPON PAYMENT OF THE ACTUAL AND REASONABLE EXPENSES
21 OF THE CUSTODIAN'S PERSONAL ATTENDANCE. WHEN THE PERSONAL
22 ATTENDANCE OF THE CUSTODIAN IS REQUESTED BY A DISTRICT ATTORNEY
23 OR AN INDEPENDENT OR EXECUTIVE AGENCY OF THE COMMONWEALTH, THE
24 FEE PAID TO THE CUSTODIAN SHALL NOT EXCEED THE ORDINARY FEE PAID
25 TO WITNESSES IN CRIMINAL CASES AS SPECIFIED IN SECTION 5903
26 (RELATING TO COMPENSATION AND EXPENSES OF WITNESSES) AND SHALL
27 BE PAID AFTER THE CUSTODIAN'S APPEARANCE.
28 § 6159. OBTAINING PRODUCTION OF ORIGINAL RECORD.
29 THE PRODUCTION OF THE ORIGINAL RECORD SHALL ONLY BE REQUIRED
30 IF THE SUBPOENA DUCES TECUM SO SPECIFIES[.] FOR THE PURPOSE OF
19970H1048B2106 - 5 -
1 COMPARING THE REPRODUCED RECORD TO THE ORIGINAL, OR FOR THE
2 PURPOSE OF RESOLVING AN ISSUE IN DISPUTE, AND SHALL BE DELIVERED
3 WITHIN 30 DAYS OF RECEIPT OF THE REQUEST; EXCEPT WHEN THE
4 ORIGINAL RECORD IS REQUESTED BY A DISTRICT ATTORNEY OR AN
5 INDEPENDENT OR EXECUTIVE AGENCY OF THE COMMONWEALTH, THE RECORDS
6 SHALL BE DELIVERED ON THE DATE SET FORTH IN THE SUBPOENA DUCES
7 TECUM.
8 § 8124. Exemption of particular property.
9 * * *
10 (b) Retirement funds and accounts.--
11 (1) Except as provided in paragraph (2), the following
12 money or other property of the judgment debtor shall be
13 exempt from attachment or execution on a judgment:
14 * * *
15 (ix) Any retirement or annuity fund provided for
16 under section 401(a), 403(a) and (b), 408 or 409 of the
17 Internal Revenue Code of 1986 (Public Law 99-514, 26
18 U.S.C. § 401(a), 403(a) and (b), 408 or 409), the
19 appreciation thereon, the income therefrom [and], the
20 benefits or annuity payable thereunder and transfers and
21 rollovers between such funds. This subparagraph shall not
22 apply to:
23 (A) Amounts contributed by the debtor to the
24 retirement or annuity fund within one year before the
25 debtor filed for bankruptcy. This shall not include
26 amounts directly rolled over from other funds which
27 are exempt from attachment under this subparagraph.
28 (B) Amounts contributed by the debtor to the
29 retirement or annuity fund in excess of $15,000
30 within a one-year period. This shall not include
19970H1048B2106 - 6 -
1 amounts directly rolled over from other funds which
2 are exempt from attachment under this subparagraph.
3 (C) Amounts deemed to be fraudulent conveyances.
4 * * *
5 Section 2. This act shall take effect immediately. <--
6 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
7 (1) THE AMENDMENT OR ADDITION OF 42 PA.C.S. §§ 6152(A)
8 AND (C), 6152.1, 6155(B), 6158 AND 6159 SHALL TAKE EFFECT IN
9 60 DAYS.
10 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
11 IMMEDIATELY.
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