§ 23-99-1603 — Electronic access to medical records sufficient

(a) A healthcare provider that provides healthcare services to an enrollee may grant electronic access to the healthcare provider's medical records system to a healthcare payor or the healthcare payor's authorized designee: (1) To evaluate potential health care to be provided to an enrollee; (2) To review healthcare services already provided to an enrollee; (3) To make a determination on an authorization required for the enrollee to receive a medically-necessary healthcare service; or (4) For any other reason related to healthcare services for an enrollee, including without limitation quality, payment, or other general operations required to provide healthcare services. (b) A healthcare provider is not required to provide electronic access to medical records to a healthcare payor or the healthcare payor's authorized designee. (c) For the purposes of subdivision (a)(2) of this section, a healthcare payor shall not require a healthcare provider to submit any paper, facsimile, email, or other type of requested format of medical records if the healthcare payor or the healthcare payor's authorized designee has been granted electronic access to the healthcare provider's medical records unless the medical records sought are not available or accessible electronically. (d) If there is a dispute over access to medical records between a healthcare payor and a healthcare provider, then the offer of electronic access to medical records by the healthcare provider shall be deemed to satisfy any request made by the healthcare payor. (e) The initial grant of electronic access to a healthcare provider's medical records system under this subchapter does not initiate any timelines associated with reviewing medical records.

Legislative History

Added by Act 2023, No. 502,§ 1, eff. 1/1/2024.