PRINTER'S NO. 1882
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1257
Session of
2020
INTRODUCED BY YAW, ARGALL, MENSCH, PITTMAN, BROWNE AND STEFANO,
AUGUST 18, 2020
REFERRED TO JUDICIARY, AUGUST 18, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in rules of evidence,
further providing for subpoena of records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6152(a)(2)(i) of Title 42 of the
Pennsylvania Consolidated Statutes is amended and the paragraph
is amended by adding a subparagraph to read:
§ 6152. Subpoena of records.
(a) Election.--
* * *
(2) (i) Except as provided in [subparagraph (ii)]
subparagraphs (ii) and (iii), the health care provider or
facility or a designated agent shall be entitled to
receive payment of the amounts under this subsection
before producing the charts or records pursuant to a
subpoena. The payment shall be $20.62 for searching for
and retrieving the records, $1.39 per page for the first
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20 pages, $1.03 per page for pages 21 through 60 and 34¢
per page for pages 61 and thereafter for paper copies or
reproductions on electronic media [whether] if the
records are stored on paper [or in electronic format];
$2.04 per page for copies from microfilm; plus the actual
cost of postage, shipping or delivery. No other charges
for the retrieval, copying and shipping or delivery of
medical records other than those set forth in this
paragraph shall be permitted without prior approval of
the party requesting the copying of the medical records.
The amounts which may be charged shall be adjusted
annually beginning on January 1, 2013, by the Secretary
of Health of the Commonwealth based on the most recent
changes in the consumer price index reported annually by
the Bureau of Labor Statistics of the United States
Department of Labor.
* * *
(iii) If the medical records or charts are stored
electronically, the party requesting the medical charts
or records may elect to receive the medical records or
charts in an electronic format. If the party elects to
receive the medical records or charts in an electronic
format, payment to a health care provider or facility for
searching for, retrieving and reproducing medical charts
or records requested shall be $20.62, search and
retrieval fee, plus the actual cost of postage, shipping
or delivery as described in subparagraph (i), as adjusted
by the Secretary of Health of the Commonwealth.
* * *
Section 2. This act shall take effect in 60 days.
20200SB1257PN1882 - 2 -
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