§ 46:18 — Health care records; copies

§18. Health care records; copies
A. The provider of health care shall furnish to the claimant, the person appointed to
represent the claimant in his dealings with the Social Security Administration, or an agent
with written authorization made pursuant to 45 CFR 164.508, upon request, a copy of any
records that are necessary to support his filing for social security disability benefits or
supplemental security income benefits under any provision of the Social Security Act. Cost
of each photocopy shall not exceed fifty cents per page for the first five pages and twenty-five cents for each additional page except that the amount due shall not be less than the
amount paid by the Louisiana Department of Health for such copies. Payment for any copies
made in connection with disability determinations shall be made to the health care provider's
agent instead of the health care provider when the agent makes the copies.
B. 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.

Legislative History

Acts 2003, No. 1241, §1; Acts 2007, No. 476, §1; Acts 2025, No. 478, §12, eff. Oct. 1, 2025.