Medical Records Access Fairness Act

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7422 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7422

To amend the HITECH Act to allow an individual to obtain a copy of such 
  individual's protected health information at no cost unless certain 
              circumstances apply, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2022

  Mr. Foster (for himself, Mr. Meeks, Mrs. Demings, Mr. Grijalva, and 
 Mrs. Beatty) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

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                                 A BILL


 
To amend the HITECH Act to allow an individual to obtain a copy of such 
  individual's protected health information at no cost unless certain 
              circumstances apply, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Records Access Fairness 
Act''.

SEC. 2. ACCESS OF INDIVIDUALS TO PROTECTED HEALTH INFORMATION AT NO 
              COST UNLESS CERTAIN CIRCUMSTANCES APPLY.

    Section 13405 of the HITECH Act (42 U.S.C. 17935) is amended by 
adding at the end the following new subsection:
    ``(f) Access of Individuals to Protected Health Information at No 
Cost Unless Certain Circumstances Apply.--
            ``(1) Access of individuals to protected health information 
        at no cost unless certain circumstances apply.--
                    ``(A) In general.--In providing an individual (and, 
                if the individual expressly requests, a health care 
                provider or a family caregiver) with access to a copy 
                of such individual's protected health information (or a 
                summary or explanation of such information) in 
                accordance with section 164.524 of title 45, Code of 
                Federal Regulations, a health care provider may only 
                impose a fee on such individual if the individual is 
                requesting--
                            ``(i) a duplicate copy (or summary or 
                        explanation) of protected health information 
                        that was previously provided to such individual 
                        in the same calendar year of the request; or
                            ``(ii) a non-electronic copy (or summary or 
                        explanation) of protected health information 
                        that the health care provider has made 
                        accessible for the individual, at no cost, on 
                        an online portal of the health care provider.
                    ``(B) Copies transmitted to other health care 
                providers.--In the case of an individual who expressly 
                requests a health care provider to transmit to another 
                health care provider a copy of such individual's 
                protected health information (or a summary or 
                explanation of such information), such transmitting 
                provider may transmit such copy (or summary or 
                explanation) in any form and format to the extent that 
                such form and format is readily usable by such 
                receiving provider.
                    ``(C) Rule of construction.--Nothing in this 
                subsection may be construed as requiring a health care 
                provider to provide, at no cost, a copy of an 
                individual's protected health information (or a summary 
                or explanation of such information) to any attorney of 
                such individual.
            ``(2) Regulations.--Not later than six months after the 
        date of the enactment of this subsection, the Secretary of 
        Health and Human Services shall promulgate and amend 
        regulations as necessary to implement the requirements 
        described in this subsection.
            ``(3) Effective date.--This subsection shall apply with 
        respect to requests for access to protected health information 
        made on or after the date that is 180 days after the date of 
        the enactment of this subsection.''.
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