HB 7380 Summary

• Prohibits licensed institutions from charging fees for furnishing health records to patients, their attorneys, or conservators when records are needed to support Social Security Act claims, appeals, or veterans' benefits claims, provided the request includes documentation of the claim or appeal.

• Requires institutions to furnish requested records within thirty days of the request, or within thirty days after discharge if the request is received within thirty days of discharge.

• Mandates that any subpoena seeking HIPAA protected information must specify the applicable portion of 45 CFR 164.512 that authorizes disclosure.

• Requires subpoenas seeking HIPAA protected information under 45 CFR 164.512(e) to be accompanied by either a patient authorization, a valid court order, or satisfactory assurances as defined in federal regulations.

• Protects persons and entities from civil liability under state law when they comply in good faith with subpoenas or court orders based on a reasonable belief that disclosure meets HIPAA requirements, and preserves patients' rights to file motions to quash or challenge subpoenas.