§1165.1. Healthcare information; records
A.
(1)Each health care provider shall furnish each patient, upon request of the
patient, a copy of any information related in any way to the patient which the health care
provider has transmitted to any company, or any public or private agency, or any person.
(2)(a) Medical records of a patient maintained in a health care provider's office are
the property and business records of the health care provider.
(b)(i) Except as provided in R.S. 44:17, a patient or his legal representative or a
patient's life, health, disability, or long-term care insurance company or its counsel, with the
patient's authorization as defined in R.S. 40:1163.1, or in the case of a deceased patient, the
executor of his will, the administrator of his estate, the surviving spou
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§1165.1. Healthcare information; records
A.(1) Each health care provider shall furnish each patient, upon request of the
patient, a copy of any information related in any way to the patient which the health care
provider has transmitted to any company, or any public or private agency, or any person.
(2)(a) Medical records of a patient maintained in a health care provider's office are
the property and business records of the health care provider.
(b)(i) Except as provided in R.S. 44:17, a patient or his legal representative or a
patient's life, health, disability, or long-term care insurance company or its counsel, with the
patient's authorization as defined in R.S. 40:1163.1, or in the case of a deceased patient, the
executor of his will, the administrator of his estate, the surviving spouse, the parents, or the
children of the deceased patient, or after a claim has been made, the insurance company or
its counsel, or, after suit has been instituted, defense counsel or a defendant seeking any
treatment record, including but not limited to any medical, hospital, laboratory, invoice or
billing statement, or other record, including test results, relating to or generated as a result
of or in connection to the patient's medical treatment, history, or condition, either personally
or through an attorney, shall have a right to obtain a copy of the entirety of the records in the
form in which they exist, except microfilm, upon furnishing a signed authorization. If the
treatment records exist solely in paper form, paper or digital copies shall be provided upon
payment of a reasonable copying charge, not to exceed one dollar per page for the first
twenty-five pages, fifty cents per page for twenty-six to three hundred fifty pages, and
twenty-five cents per page thereafter, a handling charge not to exceed twenty-five dollars for
hospitals, nursing homes, and other health care providers, and actual postage. The charges
set forth in this Section shall be applied to all persons and legal entities duly authorized by
the patient to obtain a copy of their medical records. If treatment records exist in digital
format, copies shall be provided in digital format if requested to be provided in digital format
and charged at the rate provided by this Item; however, the charges for providing digital
copies shall not exceed one hundred dollars, plus all postage charges actually incurred. If the
treatment records exist in both digital form and paper form, the maximum limit of one
hundred dollars shall apply only to the portion of records stored in digital form. If requested,
the health care provider shall provide the requestor, at no extra charge, a certification page
setting forth the extent of the completeness of records on file. In the event a hospital record
is not complete, the copy of the records furnished shall indicate, through a stamp, coversheet,
or otherwise, the extent of completeness of the records. Each request for records submitted
by the patient or other person authorized to request records pursuant to the provisions of this
Subparagraph shall be subject to only one handling charge, and the health care provider shall
not divide the separate requests for different types of records, including but not limited to
billing or invoice statements. The health care provider or person or legal entity providing
records on behalf of the health care provider shall not charge any other fee which is not
specifically authorized by the provisions of this Subparagraph, except for notary fees and fees
for expedited requests as contracted by the parties.
(ii) The individuals authorized to obtain medical records pursuant to Item (i) of this
Subparagraph shall also have the right to obtain copies of patient X-rays, and other imaging
media, upon payment of reasonable reproduction costs and a handling charge of twenty
dollars for hospitals and ten dollars for other health care providers. If the patient X-rays and
other imaging media are stored in digital format, copies may be requested to be provided in
digital format and charged at the rate provided by this Item; however, the charges for
providing digital imaging media copies shall not exceed two hundred dollars, plus all postage
charges actually incurred. If requested, the health care provider shall provide the requestor,
at no extra charge, a certification page setting forth the completeness of the X-rays and other
imaging media on file. In the event hospital patient X-rays and other imaging media are not
complete, the copies furnished shall indicate, through a stamp, coversheet, or otherwise, the
extent of the completeness of the records. Each request for copies of patient X-rays and
other imaging media submitted by the patient or other person authorized to request records
pursuant to Item (i) of this Subparagraph shall not be considered a separate request and are
subject to only one handling charge, and the health care provider shall not divide the requests
for different types of X-rays and other imaging media. The health care provider shall not
charge any other fee which is not specifically authorized by the provisions of this
Subparagraph, except for notary fees and fees for expedited requests as contracted by the
parties.
(iii) A health care provider shall be provided with written notice of any violation of
Items (i) or (ii) of this Subparagraph and shall be given three days to correct the noticed
violation. If the violation is based on a written communication from the health care provider
or its agent, and the written communication includes contact information with a physical
address for receipt of notices, the notice shall be sent by certified mail or commercial carrier.
If the violation is not based on a written communication, or if no contact information, such
as a physical address for receipt of notices, is provided, the notice shall be sent by certified
mail or commercial carrier to the custodian of medical records of the health care provider.
If the violation is not corrected within fifteen days of receipt of the certified mail or the
commercial carrier notice, any violation of Items (i) or (ii) of this Subparagraph shall be
subject to a civil penalty of five hundred dollars per violation, plus attorney fees and costs
at the discretion of the court, payable to the requestor of the medical records.
(c) If a copy of the record is not provided within a reasonable period of time, not to
exceed fifteen days following the receipt of the request and written authorization, and
production of the record is obtained through a court order or subpoena duces tecum, the
health care provider shall be liable for reasonable attorney fees and expenses incurred in
obtaining the court order or subpoena duces tecum. Such sanctions shall not be imposed
unless the person requesting the copy of the record has by certified mail notified the health
care provider of his failure to comply with the original request, by referring to the sanctions
available, and the health care provider fails to furnish the requested copies within five days
from receipt of such notice. Except for their own gross negligence, such health care
providers shall not otherwise be held liable in damages by reason of their compliance with
such request or their inability to fulfill the request.
(d) A health care provider may deny access to a record if the health care provider
reasonably concludes that knowledge of the information contained in the record would be
injurious to the health or welfare of the patient or could reasonably be expected to endanger
the life or safety of any other person.
(e) Nothing in this Section shall be construed to limit or prohibit access to the
information contained in the records of a patient maintained by a health care provider in any
legally permissible manner other than those delineated pursuant to R.S. 22:976 and in this
Section, subject to the provisions of R.S. 13:3734.
(3)(a) Medical and dental records shall be retained by a physician or dentist in the
original, microfilmed, or similarly reproduced form for a minimum period of six years from
the date a patient is last treated by a physician or dentist.
(b) Graphic matter, images, X-ray films, and like matter that were necessary to
produce a diagnostic or therapeutic report shall be retained, preserved and properly stored
by a physician or dentist in the original, microfilmed or similarly reproduced form for a
minimum period of three years from the date a patient is last treated by the physician or
dentist. Such graphic matter, images, X-ray film, and like matter shall be retained for a
longer period when requested in writing by the patient.
(4)(a) Any person conducting or operating a clinical laboratory or medical facility
shall report test results to the patient who is the subject of the test upon his request.
Approval from a health care provider shall not be required prior to reporting test results in
accordance with the provisions of this Paragraph.
(b) When a clinical laboratory or medical facility provides test results to a patient
pursuant to this Paragraph, it shall also provide notice to the provider that the patient
requested the test results and the results of the test to the health care provider ordering the
test.
(c) Notwithstanding any other provision of law to the contrary, the clinical laboratory
or medical facility shall deliver the requested test results to the patient after verifying the
identification of the patient. Test results may be delivered by mail if the patient has executed
a HIPAA form and a written authorization to that effect. In addition, the test results may be
delivered to any other person authorized by the patient in writing to receive the results.
(d) The patient shall not have a right or cause of action against the clinical laboratory
or medical facility for the release of test results in accordance with the provisions of this
Paragraph.
(e) The clinical lab or medical facility shall only report the test results to the patient
who is the subject of the test upon his request in a manner which is consistent and in
accordance with all applicable federal laws.
(f) The clinical lab or medical facility shall only report the test results to the patient
who is the subject of the test upon his request when the cost of the tests have been fully paid
by the patient or applicable payor source.
B. As used in this Section:
(1) "Health care provider" means a "health care provider" as defined in R.S.
40:1231.1 or a "state health care provider" as defined in R.S. 40:1237.1 or a clinical
laboratory or medical facility in accordance with Paragraph (A)(4) of this Section.
(2) "Patient" means a natural person who receives or should have received health
care from a licensed health care provider, under a contract, express or implied.
C.(1) The provisions of this Section shall not be applicable to a health care provider
who has evaluated or examined a patient at the request of any agency of the state or federal
government in charge of the administration of any of the assistance or entitlement programs
under the Social Security Act. The records of such evaluation or examination shall be
retained for ninety days after mailing or upon proof of receipt of the records, whichever
period is shorter. Nothing herein shall be construed as limiting or prohibiting the access to
health care information and records of a patient that are retained by the Social Security
Administration in any legally permissible manner under state law that is not contrary to
federal law or regulation.
(2) A person or entity otherwise subject to the provisions of this Section who
provides medical records to a nonprofit organization assisting with Social Security or
Medicaid applications may waive or charge an amount less than the maximum charges set
forth in Item (A)(2)(b)(i) of this Section.