6152 - Subpoena of records.

     § 6152.  Subpoena of records.        (a)  Election.--            (1)  When a subpoena duces tecum is served upon any        health care provider or an employee of any health care        facility licensed under the laws of this Commonwealth,        requiring the production of any medical charts or records at        any action or proceeding, it shall be deemed a sufficient        response to the subpoena if the health care provider or        health care facility notifies the attorney for the party        causing service of the subpoena, within three days of receipt        of the subpoena, of the health care provider's or facility's        election to proceed under this subchapter and of the        estimated actual and reasonable expenses of reproducing the        charts or records. However, when medical charts or records        are requested by a district attorney or by an independent or        executive agency of the Commonwealth, notice pursuant to this        section shall not be deemed a sufficient response to the        subpoena duces tecum.            (2)  (i)  Except as provided in subparagraph (ii), the            health care provider or facility or a designated agent            shall be entitled to receive payment of such expenses            before producing the charts or records. The payment shall            not exceed $15 for searching for and retrieving the            records, $1 per page for paper copies for the first 20            pages, 75¢ per page for pages 21 through 60 and 25¢ per            page for pages 61 and thereafter; $1.50 per page for            copies from microfilm; plus the actual cost of postage,            shipping or delivery. No other charges for the retrieval,            copying and shipping or delivery of medical records other            than those set forth in this paragraph shall be permitted            without prior approval of the party requesting the            copying of the medical records. The amounts which may be            charged shall be adjusted annually beginning on January            1, 2000, by the Secretary of Health of the Commonwealth            based on the most recent changes in the consumer price            index reported annually by the Bureau of Labor Statistics            of the United States Department of Labor.                (ii)  Payment to a health care provider or facility            for searching for, retrieving and reproducing medical            charts or records requested by a district attorney shall            not exceed $15, search and retrieval fee, plus the actual            cost of postage, shipping or delivery as described in            subparagraph (i), as adjusted by the Secretary of Health            of the Commonwealth, unless otherwise agreed to by the            district attorney.            (3)  No independent or executive agency of the        Commonwealth shall be required to pay any search or retrieval        fee, copying cost or other cost related to medical charts or        records under this section unless otherwise required by law,        regulation or agreed to by the agency in guidelines,        statements of policy or by publication of notice in the        Pennsylvania Bulletin.        (b)  Notice to other parties.--Upon this notification, the     attorney causing the service of the subpoena shall notify all     other attorneys of record or other parties, if they are not     represented by attorneys, of the health care facility's     election.        (c)  Delivery of records.--Following this election, the     health care provider or facility shall hold the originals     available, and, upon payment of its expenses by the party     causing service of the subpoena, or by any other party, shall     within 30 days deliver, by first class mail, certified mail,     return receipt requested, or by personal delivery, legible and     durable copies, certified by the health care provider or     facility of all medical charts or records specified in the     subpoena. However, a district attorney shall not be required to     pay for copies of medical charts or records before receipt, and     the charts or records shall be delivered on or before the date     specified on the subpoena duces tecum.        (d)  Certification.--The certification shall be signed before     a notary public by the employee of the health care facility     charged with the responsibility of being custodian of the     records and shall include the full name of the patient, the     patient's medical record number, the number of pages in the     medical records and a legend substantially to the following     effect:            "The copies of records for which this certification is            made are true and complete reproductions of the original            or microfilmed medical records which are housed in (name            of health care facility). The original records were made            in the regular course of business at or near the time of            the matter recorded. This certification is given pursuant            to 42 Pa.C.S. Ch. 61 Subch. E (relating to medical            records) by the custodian of the records in lieu of his            personal appearance."     Copies shall be separately enclosed and sealed in an inner     envelope or wrapper bearing the legend "Copies of Medical     Records."     (Feb. 18, 1998, P.L.170, No.26, eff. 60 days)        1998 Amendment.  Act 26 amended subsecs. (a) and (c).        Cross References.  Section 6152 is referred to in sections     6152.1, 6153, 6155 of this title.