[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8964 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8964
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
July 9, 2024
Mr. Foster (for himself, Mr. Grijalva, Mr. Meeks, 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
of 2024''.
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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