MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Health and Welfare

By: Senator(s) Burton

AN ACT TO PROVIDE THAT A HEALTH CARE PROVIDER OR FACILITY SHALL NOT CHARGE A FEE FOR A MEDICAL OR MENTAL HEALTH RECORD REQUESTED BY A PATIENT OR FORMER PATIENT FOR USE IN SUPPORTING AN APPLICATION FOR CERTAIN ASSISTANCE BENEFITS; TO AUTHORIZE A HEALTH CARE PROVIDER OR FACILITY TO CHARGE A FEE FOR SUCH RECORDS REQUESTED BY A STATE OR FEDERAL AGENCY; TO PRESCRIBE A TIME LIMITATION FOR THE DISTRIBUTION OF SUCH MEDICAL OR MENTAL HEALTH RECORDS; TO AMEND SECTION 41-9-65, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) In this section, "health care provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide or render health care in the ordinary course of business or practice of a profession.

(2) A health care provider or health care facility shall not charge a fee for a medical or mental health record requested by a patient or former patient, or by an attorney or other authorized representative of the patient or former patient, for use in supporting an application for disability benefits or other benefits or assistance the patient or former patient may be eligible to receive based on that patient's or former patient's disability, or an appeal relating to denial of those benefits or assistance under:

(a) The State Temporary Assistance to Needy Families (TANF) Program;

(b) The state Medicaid program;

(c) Title II, the federal Social Security Act, as amended (42 U.S.C. Section 401 et seq.);

(d) Title XVI, the federal Social Security Act, as amended (42 U.S.C. Section 1382 et seq.);

(e) Title XVIII, the federal Social Security Act, as amended (42 U.S.C. Section 1395 et seq.);

(3) A health care provider or health care facility may charge a fee for the medical or mental health record of a patient or former patient requested by a state or federal agency in relation to the patient or former patient's application for benefits or assistance under Subsection (2)(a), (b), (c), (d) or (e) or an appeal relating to denial of those benefits or assistance.

(4) A person, including a state or federal agency, that requests a record under this section shall include with the request a statement or document from the department or agency that administers the issuance of the assistance or benefits that confirms the application or appeal.

(5) A health care provider or health care facility shall provide to the requestor a medical or mental health record requested under this section not later than the 30th day after the date on which the provider or facility receives the request.

(6) This section controls over any other provision that authorizes the charging of a fee for providing medical or mental health records.

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

41-9-65. Except as otherwise provided in Section 1 of this act, 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. 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, 1999.