2005 Regular Session
To: Public Health and Human Services
By: Representative Frierson, Sullivan
AN ACT TO AMEND SECTION 41-9-101, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF CUSTODIAN OF HOSPITAL RECORDS FOR THE PURPOSE OF THE STATUTES GOVERNING THE USE OF THOSE RECORDS IN TRIALS AND ADMINISTRATIVE HEARINGS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-9-101, Mississippi Code of 1972, is amended as follows:
41-9-101. As used in Sections 41-9-101 through 41-9-119, the following terms shall have the respective meanings ascribed to them:
(a) "Records" shall mean and include "hospital records" as defined in Section 41-9-61; however, a subpoena duces tecum for records shall not be deemed to include X-rays, electrocardiograms and like graphic matter unless specifically referred to in the subpoena; and
(b) "Custodian" shall mean and include the health information administrator or registered health information technician and the administrator or other chief officer of a duly licensed hospital in this state and its proprietor, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records. The custodian shall abide, in all respects, to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), notwithstanding any other state statute.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.