SENATE AMENDED
PRIOR PRINTER'S NOS. 1170, 2106 PRINTER'S NO. 2442
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
SENATOR LOEPER, RULES AND EXECUTIVE NOMINATIONS, RE-REPORTED AS
AMENDED, OCTOBER 20, 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.--
1 (1) WHEN A SUBPOENA DUCES TECUM IS SERVED UPON ANY
2 HEALTH CARE PROVIDER OR AN EMPLOYEE OF ANY HEALTH CARE
3 FACILITY LICENSED UNDER THE LAWS OF THIS COMMONWEALTH,
4 REQUIRING THE PRODUCTION OF ANY MEDICAL CHARTS OR RECORDS AT
5 ANY ACTION OR PROCEEDING, IT SHALL BE DEEMED A SUFFICIENT
6 RESPONSE TO THE SUBPOENA IF THE HEALTH CARE PROVIDER OR
7 HEALTH CARE FACILITY NOTIFIES THE ATTORNEY FOR THE PARTY
8 CAUSING SERVICE OF THE SUBPOENA, WITHIN THREE DAYS OF RECEIPT
9 OF THE SUBPOENA, OF THE HEALTH CARE PROVIDER'S OR FACILITY'S
10 ELECTION TO PROCEED UNDER THIS SUBCHAPTER AND OF THE
11 ESTIMATED ACTUAL AND REASONABLE EXPENSES OF REPRODUCING THE
12 CHARTS OR RECORDS. HOWEVER, WHEN MEDICAL CHARTS OR RECORDS
13 ARE REQUESTED BY A DISTRICT ATTORNEY OR BY AN INDEPENDENT OR
14 EXECUTIVE AGENCY OF THE COMMONWEALTH, NOTICE PURSUANT TO THIS
15 SECTION SHALL NOT BE DEEMED A SUFFICIENT RESPONSE TO THE
16 SUBPOENA DUCES TECUM.
17 (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), THE
18 HEALTH CARE PROVIDER OR FACILITY OR A DESIGNATED AGENT
19 SHALL BE ENTITLED TO RECEIVE PAYMENT OF SUCH EXPENSES
20 BEFORE PRODUCING THE CHARTS OR RECORDS. THE PAYMENT SHALL
21 NOT EXCEED $15 FOR SEARCHING FOR AND RETRIEVING THE
22 RECORDS; $1 PER PAGE FOR PAPER COPIES FOR THE FIRST 20
23 PAGES; 75¢ PER PAGE FOR PAGES 21 THROUGH 60; AND 25¢ PER
24 PAGE FOR PAGES 61 AND THEREAFTER; $1.50 PER PAGE FOR
25 COPIES FROM MICROFILM; PLUS THE ACTUAL COST OF POSTAGE,
26 SHIPPING OR DELIVERY. NO OTHER CHARGES FOR THE RETRIEVAL,
27 COPYING AND SHIPPING OR DELIVERY OF MEDICAL RECORDS OTHER
28 THAN THOSE SET FORTH IN THIS PARAGRAPH SHALL BE PERMITTED
29 WITHOUT PRIOR APPROVAL OF THE PARTY REQUESTING THE
30 COPYING OF THE MEDICAL RECORDS. THE AMOUNTS WHICH MAY BE
19970H1048B2442 - 2 -
1 CHARGED SHALL BE ADJUSTED ANNUALLY BEGINNING ON JANUARY
2 1, 2000, BY THE SECRETARY OF HEALTH OF THE COMMONWEALTH
3 BASED ON THE MOST RECENT CHANGES IN THE CONSUMER PRICE
4 INDEX REPORTED ANNUALLY BY THE BUREAU OF LABOR STATISTICS
5 OF THE UNITED STATES DEPARTMENT OF LABOR.
6 (II) PAYMENT TO A HEALTH CARE PROVIDER OR FACILITY
7 FOR SEARCHING FOR, RETRIEVING AND REPRODUCING MEDICAL
8 CHARTS OR RECORDS REQUESTED BY A DISTRICT ATTORNEY OR AN <--
9 INDEPENDENT OR EXECUTIVE AGENCY OF THE COMMONWEALTH SHALL
10 NOT EXCEED $15, SEARCH AND RETRIEVAL FEE, PLUS THE ACTUAL
11 COST OF POSTAGE, SHIPPING OR DELIVERY AS DESCRIBED IN
12 SUBPARAGRAPH (I), AS ADJUSTED BY THE SECRETARY OF HEALTH
13 OF THE COMMONWEALTH, UNLESS OTHERWISE AGREED TO BY THE
14 DISTRICT ATTORNEY OR AN INDEPENDENT OR EXECUTIVE AGENCY,
15 OR OTHERWISE PROVIDED FOR BY LAW OR REGULATION,
16 GUIDELINE, POLICY STATEMENT OR PUBLICATION APPEARING IN
17 THE PENNSYLVANIA BULLETIN.
18 * * *
19 (C) DELIVERY OF RECORDS.--FOLLOWING THIS ELECTION, THE
20 HEALTH CARE PROVIDER OR FACILITY SHALL HOLD THE ORIGINALS
21 AVAILABLE, AND, UPON PAYMENT OF ITS [ESTIMATED REPRODUCTION]
22 EXPENSES BY THE PARTY CAUSING SERVICE OF THE SUBPOENA, OR BY ANY
23 OTHER PARTY, SHALL WITHIN [TEN] 30 DAYS DELIVER, BY FIRST CLASS
24 MAIL, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY PERSONAL
25 DELIVERY, LEGIBLE AND DURABLE COPIES, CERTIFIED BY THE HEALTH
26 CARE PROVIDER OR FACILITY OF ALL MEDICAL CHARTS OR RECORDS
27 SPECIFIED IN THE SUBPOENA. HOWEVER, A DISTRICT ATTORNEY OR AN
28 INDEPENDENT OR EXECUTIVE AGENCY OF THE COMMONWEALTH SHALL NOT BE
29 REQUIRED TO PAY FOR COPIES OF MEDICAL CHARTS OR RECORDS BEFORE
30 RECEIPT AND THE CHARTS OR RECORDS SHALL BE DELIVERED ON OR
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1 BEFORE THE DATE SPECIFIED ON THE SUBPOENA DUCES TECUM.
2 * * *
3 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
4 § 6152.1. LIMIT ON CHARGES.
5 (A) CHARGES.--NOTWITHSTANDING THE PROVISIONS OF SECTION
6 6152(C) (RELATING TO SUBPOENA OF RECORDS), A HEALTH CARE
7 PROVIDER OR FACILITY SHALL NOT CHARGE MORE THAN A FLAT FEE OF
8 $19 FOR THE EXPENSE OF REPRODUCING MEDICAL CHARTS OR RECORDS,
9 PLUS THE ACTUAL COST OF POSTAGE, SHIPPING OR DELIVERY, IF THE
10 CHARTS OR RECORDS ARE REQUESTED FOR THE PURPOSE OF SUPPORTING A
11 CLAIM OR APPEAL UNDER ANY PROVISION OF THE SOCIAL SECURITY ACT
12 (49 STAT. 620, 42 U.S.C. § 301 ET SEQ.) OR ANY FEDERAL OR STATE
13 FINANCIAL NEEDS-BASED BENEFIT PROGRAM. THE FEE PROVIDED FOR IN
14 THIS SUBSECTION SHALL BE ADJUSTED ANNUALLY BY THE SECRETARY OF
15 HEALTH OF THE COMMONWEALTH, AS PROVIDED FOR IN SECTION
16 6152(A)(2)(I).
17 (B) DOCUMENTATION.--THE PERSON MAKING THE REQUEST SHALL
18 PROVIDE THE HEALTH CARE PROVIDER OR FACILITY WITH CLEAR AND
19 CONVINCING DOCUMENTATION THAT THE PURPOSE OF THE REQUEST IS TO
20 OBTAIN MEDICAL CHARTS OR RECORDS NECESSARY TO SUPPORT A CLAIM OR
21 APPEAL UNDER ANY PROVISION OF THE SOCIAL SECURITY ACT OR ANY
22 FEDERAL OR STATE FINANCIAL NEEDS-BASED BENEFIT PROGRAM.
23 (C) REQUEST.--FOR PURPOSES OF THIS SECTION, A REQUEST FOR
24 MEDICAL CHARTS OR RECORDS SHALL INCLUDE, BUT NOT BE LIMITED TO,
25 A SUBPOENA FOR MEDICAL CHARTS OR RECORDS UNDER SECTION 6152 OR A
26 LETTER FROM A PERSON'S ATTORNEY OF RECORD FOR WHOM AN
27 APPOINTMENT OF REPRESENTATIVE FORM (SSA-1696-U4) HAS BEEN
28 EXECUTED, INDICATING THE NEED FOR SUCH CHARTS OR RECORDS.
29 SECTION 3. SECTIONS 6155(B), 6158, 6159 AND 8124(B)(1)(IX)
30 OF TITLE 42 ARE AMENDED TO READ:
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1 § 6155. RIGHTS OF PATIENTS.
2 * * *
3 (B) RIGHTS TO RECORDS GENERALLY.--
4 (1) A PATIENT OR HIS DESIGNEE, INCLUDING HIS ATTORNEY,
5 SHALL HAVE THE RIGHT OF ACCESS TO [ALL OF] HIS MEDICAL CHARTS <--
6 AND RECORDS AND TO [PHOTOCOPY] OBTAIN PHOTOCOPIES OF THE
7 SAME, WITHOUT THE USE OF A SUBPOENA DUCES TECUM, FOR HIS OWN
8 USE UPON PAYMENT OF THE REPRODUCTION COSTS NOT TO EXCEED THE
9 COSTS SET FORTH IN SECTION 6152(A)(2)(II) 6152(A)(2)(I) <--
10 (RELATING TO SUBPOENA OF RECORDS).
11 (2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED AS
12 REQUIRING AN INSURER TO PAY FOR MEDICAL RECORDS REQUIRED TO
13 VALIDATE MEDICAL SERVICES FOR WHICH REIMBURSEMENT IS SOUGHT
14 UNDER AN INSURANCE CONTRACT, EXCEPT AS PROVIDED IN ANY <--
15 CONTRACT BETWEEN AN INSURER AND ANY OTHER PARTY.: <--
16 (I) THE ACT OF JUNE 2, 1915 (P.L.736, NO.338), KNOWN
17 AS THE WORKERS' COMPENSATION ACT AND THE REGULATIONS
18 PROMULGATED THEREUNDER;
19 (II) 75 PA.C.S. CH. 17 (RELATING TO FINANCIAL
20 RESPONSIBILITY) AND THE REGULATIONS PROMULGATED
21 THEREUNDER; OR
22 (III) A CONTRACT BETWEEN AN INSURER AND ANY OTHER
23 PARTY.
24 § 6158. OBTAINING PERSONAL ATTENDANCE OF CUSTODIAN.
25 THE PERSONAL ATTENDANCE OF THE CUSTODIAN OF THE ORIGINAL
26 CHARTS OR RECORDS SPECIFIED IN THE SUBPOENA SHALL ONLY BE
27 REQUIRED IF THE SUBPOENA DUCES TECUM SO SPECIFIES[.] FOR THE
28 PURPOSE OF OBTAINING THE CUSTODIAN'S TESTIMONY ON AN ISSUE IN
29 DISPUTE AND UPON PAYMENT OF THE ACTUAL AND REASONABLE EXPENSES
30 OF THE CUSTODIAN'S PERSONAL ATTENDANCE. WHEN THE PERSONAL
19970H1048B2442 - 5 -
1 ATTENDANCE OF THE CUSTODIAN IS REQUESTED BY A DISTRICT ATTORNEY
2 OR AN INDEPENDENT OR EXECUTIVE AGENCY OF THE COMMONWEALTH, THE
3 FEE PAID TO THE CUSTODIAN SHALL NOT EXCEED THE ORDINARY FEE PAID
4 TO WITNESSES IN CRIMINAL CASES AS SPECIFIED IN SECTION 5903
5 (RELATING TO COMPENSATION AND EXPENSES OF WITNESSES) AND SHALL
6 BE PAID AFTER THE CUSTODIAN'S APPEARANCE.
7 § 6159. OBTAINING PRODUCTION OF ORIGINAL RECORD.
8 THE PRODUCTION OF THE ORIGINAL RECORD SHALL ONLY BE REQUIRED
9 IF THE SUBPOENA DUCES TECUM SO SPECIFIES[.] FOR THE PURPOSE OF
10 COMPARING THE REPRODUCED RECORD TO THE ORIGINAL, OR FOR THE
11 PURPOSE OF RESOLVING AN ISSUE IN DISPUTE, AND SHALL BE DELIVERED
12 WITHIN 30 DAYS OF RECEIPT OF THE REQUEST; EXCEPT WHEN THE
13 ORIGINAL RECORD IS REQUESTED BY A DISTRICT ATTORNEY OR AN
14 INDEPENDENT OR EXECUTIVE AGENCY OF THE COMMONWEALTH, THE RECORDS
15 SHALL BE DELIVERED ON THE DATE SET FORTH IN THE SUBPOENA DUCES
16 TECUM.
17 § 8124. Exemption of particular property.
18 * * *
19 (b) Retirement funds and accounts.--
20 (1) Except as provided in paragraph (2), the following
21 money or other property of the judgment debtor shall be
22 exempt from attachment or execution on a judgment:
23 * * *
24 (ix) Any retirement or annuity fund provided for
25 under section 401(a), 403(a) and (b), 408 or 409 of the
26 Internal Revenue Code of 1986 (Public Law 99-514, 26
27 U.S.C. § 401(a), 403(a) and (b), 408 or 409), the
28 appreciation thereon, the income therefrom [and], the
29 benefits or annuity payable thereunder and transfers and
30 rollovers between such funds. This subparagraph shall not
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1 apply to:
2 (A) Amounts contributed by the debtor to the
3 retirement or annuity fund within one year before the
4 debtor filed for bankruptcy. This shall not include
5 amounts directly rolled over from other funds which
6 are exempt from attachment under this subparagraph.
7 (B) Amounts contributed by the debtor to the
8 retirement or annuity fund in excess of $15,000
9 within a one-year period. This shall not include
10 amounts directly rolled over from other funds which
11 are exempt from attachment under this subparagraph.
12 (C) Amounts deemed to be fraudulent conveyances.
13 * * *
14 Section 2. This act shall take effect immediately. <--
15 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
16 (1) THE AMENDMENT OR ADDITION OF 42 PA.C.S. §§ 6152(A)
17 AND (C), 6152.1, 6155(B), 6158 AND 6159 SHALL TAKE EFFECT IN
18 60 DAYS.
19 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
20 IMMEDIATELY.
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