Amends TCA Title 63, Chapter 2 and Title 68, Chapter 11.

Under present law, hospital records are and remain the property of the various hospitals, subject to court order to produce the records. Unless restricted by state or federal law or regulation, a hospital must furnish to a patient or a patient's authorized representative such part or parts of the patient's hospital records without unreasonable delay upon request in writing by the patient or the representative. The party requesting the records is responsible for the reasonable costs of copying and mailing the records.<br /> <br /> Present law prohibits a hospital from imposing a charge on an indigent person for furnishing the person, or the person's attorney or authorized representative, with a health record or part thereof concerning the patient for the purpose of supporting a claim or appeal under any provision of the federal Social Security Act if a request for the record or part thereof is accompanied by a copy of a recent application seeking benefits under the Social Security Act or a copy of a recent decision denying benefits. Patients being represented by organizations whose purpose is to provide legal assistance to the indigent, or represented by attorneys with an affiliated pro bono program, must be presumed indigent. A hospital may demand reasonable proof of indigency from any other patient not so represented, or the patient's attorney or authorized representative, by submission of the form prescribed by law. However, if a copy of the patient's medical records has been previously provided without charge to an indigent patient or the patient's attorney or authorized representative, then the hospital is not required to provide an additional copy of the same records without charge. A hospital must furnish a health record requested pursuant to this section within 30 days of the request.<br /> <br /> This bill adds that in social security disability cases for a non-indigent individual, if a patient, a patient's legal representative, or person authorized by the patient requests copies of the patient's hospital records for use in appealing a denial or social security disability insurance, or supplemental security income, then the hospital may charge the patient, patient's legal representative, or person authorized by the patient the reimbursement amount that disability determination services reimburses the hospital for copies of hospital records pursuant to federal social security administration medical record payment rate. A hospital is prohibited from charging a search fee if no records are located in response to the request. <br /> <br /> COSTS OF REPRODUCTION, COPYING, OR MAILING OF RECORDS<br /> <br /> Under present law, the party requesting the patient's records is responsible to the provider for the reasonable costs of copying and mailing such patient's records. For other than records involving workers' compensation cases, such reasonable costs must not exceed $20 for medical records five pages or less in length and 50 cents per page for each page copied after the first five pages and the actual cost of mailing. This bill provides that the $20 cost limit does not apply to social security disability and supplemental security income cases.<br /> <br /> This bill adds that, in such cases, if a patient, a patient's legal representative, or person authorized by the patient requests copies of the patient's records for use in appealing a denial of social security disability insurance or supplemental security income, then the provider may charge the patient, the representative, or person the reimbursement amount that disability determination services reimburses the provider for copies of such records pursuant to federal social security administration medical record payment rates. However, a provider must not charge a search fee if no records are located in response to the request.<br />