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AR SB861

Bill

Status

Failed

4/27/2011

Primary Sponsor

Steve Harrelson

Click for details

Origin

Senate

88th General Assembly (2011 Regular)

AI Summary

  • Amends Arkansas Code § 16-46-106 to allow wrongful-death beneficiaries designated under Arkansas Wrongful Death Statute § 16-62-102 to access deceased patients' medical records upon presentation of an affidavit of heirship and written authorization.

  • Establishes a priority order for releasing records of deceased patients: executor/administrator of estate, spouse, parent, adult child, then adult sibling.

  • Sets photocopy costs at $0.50 per page for the first 25 pages and $0.25 for each additional page, plus an optional labor charge not exceeding $15.00 per request or reasonable retrieval fees for stored records.

  • Allows physicians to deny access if disclosure would be detrimental to patient health; permits patients to request a second physician review, with costs borne by the patient.

  • Provides that patients compelled to use subpoena process after reasonable requests are denied may recover reasonable attorney's fees and court costs from the medical provider.

Legislative Description

Regarding Access To Medical Records.

Last Action

Senate Sine Die adjournment

4/27/2011

Committee Referrals

Judiciary3/7/2011

Full Bill Text

No bill text available