Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The first paragraph of section 70 of chapter 111 of the General Laws, as amended by chapter 408 of the acts of 1991, is hereby further amended by striking out the fifth sentence and inserting in place thereof the following three sentences:- Section ten of chapter sixty-six shall not apply to such records; provided, however, that such records and similar records kept by the hospital or clinic, except a hospital or clinic under the control of the department of mental health, may be inspected by the patient to whom they relate, the patient's attorney upon delivery of a written authorization from said patient, the duly appointed executor or administrator of the deceased person's estate or the attorney for such executor or administrator upon delivery of a written authorization from such executor or administrator, and a copy shall be furnished upon the request and a payment of a reasonable fee, except that no fee shall be charged to any applicant, beneficiary or individual representing said applicant or beneficiary for furnishing a record if the record is requested for the purpose of supporting a claim or appeal under any provision of the Social Security Act or any federal or state financial needs-based benefit program; and provided, further, that upon proper judicial order, whether in connection with pending judicial proceedings or otherwise, or, except in the case of records of hospitals under the control of the department of mental health, upon order of the head of the state department which issues the license or of the head of the state department having jurisdiction or control of such hospital or clinic, and in compliance with the terms of said order, and, in the case of a hospital or clinic under the control of the department of mental health, when the commissioner of mental health determines that a disclosure would be in the best interest of a patient as provided in the rules and regulations promulgated by the commissioner, such records may be inspected and copies furnished on payment of a reasonable fee, except that no fee shall be charged to any applicant, beneficiary or individual representing said applicant or beneficiary for furnishing a record if the record is requested for the purpose of supporting a claim or appeal under any provision of the Social Security Act or any federal or state financial needs-based benefit program. A health care provider shall furnish a health record requested pursuant to a claim or appeal under any provision of the Social Security Act or any federal or state financial needs-based benefit program within thirty days of the request. Any person for whom no fee shall be charged shall present reasonable documentation at the time of such records request that the purpose of said request is to support a claim or appeal under any provision of the Social Security Act or any federal or state financial needs-based benefit program.

Section 2. Section 70E of said chapter 111 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the word "expenses", in line 58, the words:- , except that no fee shall be charged to any applicant, beneficiary or individual representing said applicant or beneficiary for furnishing a medical record if the record is requested for the purpose of supporting a claim or appeal under any provision of the Social Security Act or federal or state financial needs-based benefit program, and the facility shall furnish a medical record requested pursuant to a claim or appeal under any provision of the Social Security Act or any federal or state financial needs-based benefit program within thirty days of the request; provided, however, that any person for whom no fee shall be charged shall present reasonable documentation at the time of such records request that the purpose of said request is to support a claim or appeal under any provision of the Social Security Act or any federal or state financial needs-based benefit program.

SECTION 3. Chapter 112 of the General Laws is hereby amended by striking out section 12CC, as so appearing, and inserting in place thereof the following section:-

Section 12CC. A health care provider who maintains records for a patient treated or examined by such provider shall permit inspection of such records by such patient or an authorized representative of the patient, and upon request and payment of a reasonable fee shall make a copy of such patients records available to such patient or such representative except that no health care provider shall charge a fee any applicant, beneficiary or individual representing said applicant or beneficiary for furnishing a health record to such patient or such representative if the record is requested for the purpose of supporting a claim or appeal under any provision of the Social Security Act or any federal or state financial needs-based benefit program. A health care provider shall furnish a health record requested pursuant to a claim or appeal under any provision of the Social Security Act or any federal or state financial needs-based benefit program within thirty days of the request. Any person for whom no fee shall be charged shall present reasonable documentation at the time of such records request that the purpose of such request is to support a claim or appeal under any provision of the Social Security Act or any federal or state financial needs-based benefit program. For purposes of this section, "health care provider" shall mean a person or entity providing medical care or services, including but not limited to, physicians and surgeons, therapists, dentists, nurses, optometrists, chiropractors, psychologists, and podiatrists.