MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representative Compretta

AN ACT TO PROVIDE FOR THE RELEASE OF MEDICAL RECORDS AND PAYMENT FOR THE ACTUAL COST OF THIS SERVICE; TO AMEND SECTION 41-9-77, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. No physician, hospital, or any other health care provider may charge more than the actual cost of reproducing medical records and other medical information and the cost of forwarding the information to the recipient. A physician, hospital, or any other health care provider may charge reasonable fees for additional duties such as interpreting medical records, providing a synopsis of medical records or any other service not related to reproduction and forwarding.

SECTION 2. Section 41-9-77, Mississippi Code of 1972, is amended as follows:

41-9-77. Any hospital may, in its discretion, cause any hospital record or part thereof to be reproduced on film or in any other acceptable form of medium, as determined by the licensing agency, which shall include, but not be limited to, microfilming, photographing, photostating or storage on optical disks. After the records have been reproduced, the hospital may retire the original documents so reproduced. Any such reproduction or copy of an original hospital record or part thereof shall be deemed to be the original hospital record or part thereof for all purposes, shall be subject to retention and retirement as provided in Sections 41-9-69 through 41-9-73, and shall be admissible as evidence in all courts or administrative agencies to the same extent as the original would be or would have been admissible. A facsimile, exemplification or copy of such reproduction or copy shall be deemed to be a transcript, exemplification or copy of the original hospital record or part thereof. However, no state hospital shall undertake such reproduction or destruction of records except as provided in Section 25-59-1 et seq. No other public hospital shall undertake such reproduction unless the expense thereof has been provided for in the annual budget, or an amendment thereof, approved for such public hospital. Any records reproduced upon release and authorization by a patient shall be paid for as provided in Section 1 of this act.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.