SENATE AMENDED PRIOR PRINTER'S NOS. 1170, 2106, 2442 PRINTER'S NO. 2766
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 TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, JANUARY 20, 1998
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 19970H1048B2766 - 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. DISTRICT ATTORNEY. <-- 18 (3) NO INDEPENDENT OR EXECUTIVE AGENCY OF THE 19 COMMONWEALTH SHALL BE REQUIRED TO PAY ANY SEARCH OR RETRIEVAL 20 FEE, COPYING COST OR OTHER COST RELATED TO MEDICAL CHARTS OR 21 RECORDS UNDER THIS SECTION UNLESS OTHERWISE REQUIRED BY LAW, 22 REGULATION OR AGREED TO BY THE AGENCY IN GUIDELINES, 23 STATEMENTS OF POLICY OR BY PUBLICATION OF NOTICE IN THE 24 PENNSYLVANIA BULLETIN. 25 * * * 26 (C) DELIVERY OF RECORDS.--FOLLOWING THIS ELECTION, THE 27 HEALTH CARE PROVIDER OR FACILITY SHALL HOLD THE ORIGINALS 28 AVAILABLE, AND, UPON PAYMENT OF ITS [ESTIMATED REPRODUCTION] 29 EXPENSES BY THE PARTY CAUSING SERVICE OF THE SUBPOENA, OR BY ANY 30 OTHER PARTY, SHALL WITHIN [TEN] 30 DAYS DELIVER, BY FIRST CLASS 19970H1048B2766 - 3 -
1 MAIL, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY PERSONAL 2 DELIVERY, LEGIBLE AND DURABLE COPIES, CERTIFIED BY THE HEALTH 3 CARE PROVIDER OR FACILITY OF ALL MEDICAL CHARTS OR RECORDS 4 SPECIFIED IN THE SUBPOENA. HOWEVER, A DISTRICT ATTORNEY OR AN <-- 5 INDEPENDENT OR EXECUTIVE AGENCY OF THE COMMONWEALTH SHALL NOT BE 6 REQUIRED TO PAY FOR COPIES OF MEDICAL CHARTS OR RECORDS BEFORE 7 RECEIPT AND THE CHARTS OR RECORDS SHALL BE DELIVERED ON OR 8 BEFORE THE DATE SPECIFIED ON THE SUBPOENA DUCES TECUM. 9 * * * 10 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: 11 § 6152.1. LIMIT ON CHARGES. 12 (A) CHARGES.-- 13 (1) NOTWITHSTANDING THE PROVISIONS OF SECTION 6152(C) <-- 14 (RELATING TO SUBPOENA OF RECORDS), A HEALTH CARE PROVIDER OR 15 FACILITY SHALL NOT CHARGE MORE THAN A FLAT FEE OF $19 FOR THE 16 EXPENSE OF REPRODUCING MEDICAL CHARTS OR RECORDS, PLUS THE 17 ACTUAL COST OF POSTAGE, SHIPPING OR DELIVERY, IF THE CHARTS 18 OR RECORDS ARE REQUESTED FOR THE PURPOSE OF SUPPORTING A 19 CLAIM OR APPEAL UNDER ANY PROVISION OF THE SOCIAL SECURITY 20 ACT (49 STAT. 620, 42 U.S.C. § 301 ET SEQ.) OR ANY FEDERAL OR 21 STATE FINANCIAL NEEDS-BASED BENEFIT PROGRAM. THE FEE PROVIDED 22 FOR IN THIS SUBSECTION SHALL BE ADJUSTED ANNUALLY BY THE 23 SECRETARY OF HEALTH OF THE COMMONWEALTH, AS PROVIDED FOR IN 24 SECTION 6152(A)(2)(I). 25 (2) NO INDEPENDENT OR EXECUTIVE AGENCY OF THE <-- 26 COMMONWEALTH SHALL BE REQUIRED TO PAY ANY SEARCH OR RETRIEVAL 27 FEE, COPYING COST OR OTHER COST RELATED TO MEDICAL CHARTS OR 28 RECORDS UNDER THIS SECTION UNLESS OTHERWISE REQUIRED BY LAW, 29 REGULATION OR AGREED TO BY THE AGENCY IN GUIDELINES, 30 STATEMENTS OF POLICY OR BY PUBLICATION OF NOTICE IN THE 19970H1048B2766 - 4 -
1 PENNSYLVANIA BULLETIN. 2 (B) DOCUMENTATION.--THE PERSON MAKING THE REQUEST SHALL 3 PROVIDE THE HEALTH CARE PROVIDER OR FACILITY WITH CLEAR AND 4 CONVINCING DOCUMENTATION THAT THE PURPOSE OF THE REQUEST IS TO 5 OBTAIN MEDICAL CHARTS OR RECORDS NECESSARY TO SUPPORT A CLAIM OR 6 APPEAL UNDER ANY PROVISION OF THE SOCIAL SECURITY ACT OR ANY 7 FEDERAL OR STATE FINANCIAL NEEDS-BASED BENEFIT PROGRAM. 8 (C) REQUEST.--FOR PURPOSES OF THIS SECTION, A REQUEST FOR 9 MEDICAL CHARTS OR RECORDS SHALL INCLUDE, BUT NOT BE LIMITED TO, 10 A SUBPOENA FOR MEDICAL CHARTS OR RECORDS UNDER SECTION 6152 OR A 11 LETTER FROM A PERSON'S ATTORNEY OF RECORD FOR WHOM AN 12 APPOINTMENT OF REPRESENTATIVE FORM (SSA-1696-U4) HAS BEEN 13 EXECUTED, INDICATING THE NEED FOR SUCH CHARTS OR RECORDS. 14 SECTION 3. SECTIONS 6155(B), 6158, 6159 AND 8124(B)(1)(IX) 15 OF TITLE 42 ARE AMENDED TO READ: 16 § 6155. RIGHTS OF PATIENTS. 17 * * * 18 (B) RIGHTS TO RECORDS GENERALLY.-- 19 (1) A PATIENT OR HIS DESIGNEE, INCLUDING HIS ATTORNEY, 20 SHALL HAVE THE RIGHT OF ACCESS TO [ALL OF] HIS MEDICAL CHARTS <-- 21 AND RECORDS AND TO [PHOTOCOPY] OBTAIN PHOTOCOPIES OF THE 22 SAME, WITHOUT THE USE OF A SUBPOENA DUCES TECUM, FOR HIS OWN 23 USE UPON PAYMENT OF THE REPRODUCTION COSTS NOT TO EXCEED THE <-- 24 COSTS. A HEALTH CARE PROVIDER OR FACILITY SHALL NOT CHARGE A 25 PATIENT OR HIS DESIGNEE, INCLUDING HIS ATTORNEY, A FEE IN 26 EXCESS OF THE AMOUNTS SET FORTH IN SECTION 6152(A)(2)(II) <-- 27 6152(A)(2)(I) (RELATING TO SUBPOENA OF RECORDS). <-- 28 (2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED AS 29 REQUIRING AN INSURER TO PAY FOR MEDICAL RECORDS REQUIRED TO 30 VALIDATE MEDICAL SERVICES FOR WHICH REIMBURSEMENT IS SOUGHT 19970H1048B2766 - 5 -
1 UNDER AN INSURANCE CONTRACT, EXCEPT AS PROVIDED IN ANY <-- 2 CONTRACT BETWEEN AN INSURER AND ANY OTHER PARTY.: <-- 3 (I) THE ACT OF JUNE 2, 1915 (P.L.736, NO.338), KNOWN 4 AS THE WORKERS' COMPENSATION ACT AND THE REGULATIONS 5 PROMULGATED THEREUNDER; 6 (II) 75 PA.C.S. CH. 17 (RELATING TO FINANCIAL 7 RESPONSIBILITY) AND THE REGULATIONS PROMULGATED 8 THEREUNDER; OR 9 (III) A CONTRACT BETWEEN AN INSURER AND ANY OTHER 10 PARTY. 11 § 6158. OBTAINING PERSONAL ATTENDANCE OF CUSTODIAN. 12 THE PERSONAL ATTENDANCE OF THE CUSTODIAN OF THE ORIGINAL 13 CHARTS OR RECORDS SPECIFIED IN THE SUBPOENA SHALL ONLY BE 14 REQUIRED IF THE SUBPOENA DUCES TECUM SO SPECIFIES[.] FOR THE 15 PURPOSE OF OBTAINING THE CUSTODIAN'S TESTIMONY ON AN ISSUE IN 16 DISPUTE AND UPON PAYMENT OF THE ACTUAL AND REASONABLE EXPENSES 17 OF THE CUSTODIAN'S PERSONAL ATTENDANCE. WHEN THE PERSONAL 18 ATTENDANCE OF THE CUSTODIAN IS REQUESTED BY A DISTRICT ATTORNEY 19 OR AN INDEPENDENT OR EXECUTIVE AGENCY OF THE COMMONWEALTH, THE 20 FEE PAID TO THE CUSTODIAN SHALL NOT EXCEED THE ORDINARY FEE PAID 21 TO WITNESSES IN CRIMINAL CASES AS SPECIFIED IN SECTION 5903 22 (RELATING TO COMPENSATION AND EXPENSES OF WITNESSES) AND SHALL 23 BE PAID AFTER THE CUSTODIAN'S APPEARANCE. 24 § 6159. OBTAINING PRODUCTION OF ORIGINAL RECORD. 25 THE PRODUCTION OF THE ORIGINAL RECORD SHALL ONLY BE REQUIRED 26 IF THE SUBPOENA DUCES TECUM SO SPECIFIES[.] FOR THE PURPOSE OF 27 COMPARING THE REPRODUCED RECORD TO THE ORIGINAL, OR FOR THE 28 PURPOSE OF RESOLVING AN ISSUE IN DISPUTE, AND SHALL BE DELIVERED 29 WITHIN 30 DAYS OF RECEIPT OF THE REQUEST; EXCEPT WHEN THE 30 ORIGINAL RECORD IS REQUESTED BY A DISTRICT ATTORNEY OR AN 19970H1048B2766 - 6 -
1 INDEPENDENT OR EXECUTIVE AGENCY OF THE COMMONWEALTH, THE RECORDS 2 SHALL BE DELIVERED ON THE DATE SET FORTH IN THE SUBPOENA DUCES 3 TECUM. 4 § 8124. Exemption of particular property. 5 * * * 6 (b) Retirement funds and accounts.-- 7 (1) Except as provided in paragraph (2), the following 8 money or other property of the judgment debtor shall be 9 exempt from attachment or execution on a judgment: 10 * * * 11 (ix) Any retirement or annuity fund provided for 12 under section 401(a), 403(a) and (b), 408 or 409 of the 13 Internal Revenue Code of 1986 (Public Law 99-514, 26 14 U.S.C. § 401(a), 403(a) and (b), 408 or 409), the 15 appreciation thereon, the income therefrom [and], the 16 benefits or annuity payable thereunder and transfers and 17 rollovers between such funds. This subparagraph shall not 18 apply to: 19 (A) Amounts contributed by the debtor to the 20 retirement or annuity fund within one year before the 21 debtor filed for bankruptcy. This shall not include 22 amounts directly rolled over from other funds which 23 are exempt from attachment under this subparagraph. 24 (B) Amounts contributed by the debtor to the 25 retirement or annuity fund in excess of $15,000 26 within a one-year period. This shall not include 27 amounts directly rolled over from other funds which 28 are exempt from attachment under this subparagraph. 29 (C) Amounts deemed to be fraudulent conveyances. 30 * * * 19970H1048B2766 - 7 -
1 Section 2. This act shall take effect immediately. <--
2 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
3 (1) THE AMENDMENT OR ADDITION OF 42 PA.C.S. §§ 6152(A)
4 AND (C), 6152.1, 6155(B), 6158 AND 6159 SHALL TAKE EFFECT IN
5 60 DAYS.
6 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
7 IMMEDIATELY.
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