MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Public Health and Human Services

By: Representative Gibbs, Calhoun, Myers, Thomas, West

House Bill 952

AN ACT TO ALLOW PATIENTS TO RECEIVE ONE FREE COPY OF THE PATIENT'S MEDICAL RECORDS WHEN APPLYING FOR DISABILITY BENEFITS; TO AMEND SECTION 41-9-65, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  A patient shall be allowed to receive one (1) copy, without payment of any charges, of the patient's medical records from a health care provider if such records are only to be used in making application for disability benefits.

     SECTION 2.  Section 41-9-65, Mississippi Code of 1972, is amended as follows:

     41-9-65.  Hospital records are and shall remain the property of the various hospitals, subject however to reasonable access to the information contained therein upon good cause shown by the patient, his personal representatives or heirs, his attending medical personnel and his duly authorized nominees, and upon payment of any reasonable charges for such service, except that a patient may receive such records without payment of any charges as provided in Section 1 of House Bill No.     , 2004 Regular Session.  Nothing in this section shall be construed to deny access to hospital records by representatives and officials of the State Department of Health, in the discharge of their official duties, pursuant to Sections 41-3-15, 41-23-1 and 41-23-2.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2004.