Legal Issues Impacting Your Business
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House File 2700, the "Standings Bill" which is the final piece of legislation typically passed by the Legislature, included amendments to Iowa Code Section 622.10 relating to the provision of medical records in litigation. This amendment includes specific information relating to changes for the cost of medical records. New Iowa Code Section 622.10(4)(a) provides:
* Upon appropriate request for medical records from a patient, legal representative, attorney or adverse party the records must be provided within 30 days of receipt of the written request. A patient's waiver is necessary unless the request is made by the patient, patient's legal representative as defined by HIPAA or patient's attorney.
* The fee charged for the cost of producing the requested records shall be based upon the actual cost of production. If it demands the release of all patient records for the specified timeframe, including requests for mental health, substance abuse and HIV/AIDS "the amount charged shall not exceed the rates established by the workers' compensation commissioner for copies of records in workers' compensation cases".
* A patient, patient legal representative or patient attorney is entitled to one copy free of charge of the patient's complete billing statement. The provider is allowed to charge for the actual cost of postage or delivery incurred in providing the statement.
* The provider may require payment in advance. If payment in advance is required an itemized statement should be sent immediately and will extend the time for production.
* If access to all records is not provided, pursuant to the requirements of HIPAA, the provider must provide notice that certain records have been redacted or withheld.
If you have any questions regarding this issue please contact Jo Ellen Whitney at 515.288.2500 or joellenwhitney@davisbrownlaw.com
