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California Health And Safety Code Section 123110

Legal Research Home > California Lawyer > Health and Safety Code > California Health And Safety Code Section 123110

(a) Notwithstanding Section 5328 of the Welfare and
Institutions Code, and except as provided in Sections 123115 and
123120, any adult patient of a health care provider, any minor
patient authorized by law to consent to medical treatment, and any
patient representative shall be entitled to inspect patient records
upon presenting to the health care provider a written request for
those records and upon payment of reasonable clerical costs incurred
in locating and making the records available.  However, a patient who
is a minor shall be entitled to inspect patient records pertaining
only to health care of a type for which the minor is lawfully
authorized to consent.  A health care provider shall permit this
inspection during business hours within five working days after
receipt of the written request.  The inspection shall be conducted by
the patient or patient's representative requesting the inspection,
who may be accompanied by one other person of his or her choosing.
   (b) Additionally, any patient or patient's representative shall be
entitled to copies of all or any portion of the patient records that
he or she has a right to inspect, upon presenting a written request
to the health care provider specifying the records to be copied,
together with a fee to defray the cost of copying, that shall not
exceed twenty-five cents ($0.25) per page or fifty cents ($0.50) per
page for records that are copied from microfilm and any additional
reasonable clerical costs incurred in making the records available.
The health care provider shall ensure that the copies are transmitted
within 15 days after receiving the written request.
   (c) Copies of X-rays or tracings derived from electrocardiography,
electroencephalography, or electromyography need not be provided to
the patient or patient's representative under this section, if the
original X-rays or tracings are transmitted to another health care
provider upon written request of the patient or patient's
representative and within 15 days after receipt of the request.  The
request shall specify the name and address of the health care
provider to whom the records are to be delivered.  All reasonable
costs, not exceeding actual costs, incurred by a health care provider
in providing copies pursuant to this subdivision may be charged to
the patient or representative requesting the copies.
   (d) (1) Notwithstanding any provision of this section, and except
as provided in Sections 123115 and 123120, any patient or former
patient or the patient's representative shall be entitled to a copy,
at no charge, of the relevant portion of the patient's records, upon
presenting to the provider a written request, and proof that the
records are needed to support an appeal regarding eligibility for a
public benefit program.  These programs shall be the Medi-Cal
program, social security disability insurance benefits, and
Supplemental Security Income/State Supplementary Program for the
Aged, Blind and Disabled (SSI/SSP) benefits.  For purposes of this
subdivision, "relevant portion of the patient's records" means those
records regarding services rendered to the patient during the time
period beginning with the date of the patient's initial application
for public benefits up to and including the date that a final
determination is made by the public benefits program with which the
patient's application is pending.
   (2) Although a patient shall not be limited to a single request,
the patient or patient's representative shall be entitled to no more
than one copy of any relevant portion of his or her record free of
charge.
   (3) This subdivision shall not apply to any patient who is
represented by a private attorney who is paying for the costs related
to the patient's appeal, pending the outcome of that appeal.  For
purposes of this subdivision, "private attorney" means any attorney
not employed by a nonprofit legal services entity.
   (e) If the patient's appeal regarding eligibility for a public
benefit program specified in subdivision (d) is successful, the
hospital or other health care provider may bill the patient, at the
rates specified in subdivisions (b) and (c), for the copies of the
medical records previously provided free of charge.
   (f) If a patient or his or her representative requests a record
pursuant to subdivision (d), the health care provider shall ensure
that the copies are transmitted within 30 days after receiving the
written request.
   (g) This section shall not be construed to preclude a health care
provider from requiring reasonable verification of identity prior to
permitting inspection or copying of patient records, provided this
requirement is not used oppressively or discriminatorily to frustrate
or delay compliance with this section.  Nothing in this chapter
shall be deemed to supersede any rights that a patient or
representative might otherwise have or exercise under Section 1158 of
the Evidence Code or any other provision of law.  Nothing in this
chapter shall require a health care provider to retain records longer
than required by applicable statutes or administrative regulations.

   (h) This chapter shall not be construed to render a health care
provider liable for the quality of his or her records or the copies
provided in excess of existing law and regulations with respect to
the quality of medical records.  A health care provider shall not be
liable to the patient or any other person for any consequences that
result from disclosure of patient records as required by this
chapter.  A health care provider shall not discriminate against
classes or categories of providers in the transmittal of X-rays or
other patient records, or copies of these X-rays or records, to other
providers as authorized by this section.
   Every health care provider shall adopt policies and establish
procedures for the uniform transmittal of X-rays and other patient
records that effectively prevent the discrimination described in this
subdivision.  A health care provider may establish reasonable
conditions, including a reasonable deposit fee, to ensure the return
of original X-rays transmitted to another health care provider,
provided the conditions do not discriminate on the basis of, or in a
manner related to, the license of the provider to which the X-rays
are transmitted.
   (i) Any health care provider described in paragraphs (4) to (10),
inclusive, of subdivision (a) of Section 123105 who willfully
violates this chapter is guilty of unprofessional conduct.  Any
health care provider described in paragraphs (1) to (3), inclusive,
of subdivision (a) of Section 123105 that willfully violates this
chapter is guilty of an infraction punishable by a fine of not more
than one hundred dollars ($100).  The state agency, board, or
commission that issued the health care provider's professional or
institutional license shall consider a violation as grounds for
disciplinary action with respect to the licensure, including
suspension or revocation of the license or certificate.
   (j) This section shall be construed as prohibiting a health care
provider from withholding patient records or summaries of patient
records because of an unpaid bill for health care services.  Any
health care provider who willfully withholds patient records or
summaries of patient records because of an unpaid bill for health
care services shall be subject to the sanctions specified in
subdivision (i).

Last modified: January 12, 2009