26-6b-3.4 - Medical records -- Privacy protections.
26-6b-3.4. Medical records -- Privacy protections.
(1) (a) Health care providers as defined in Section 78B-3-403, health care facilitieslicensed under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act, andgovernmental entities, shall, when requested, provide the public health official and the individualsubject to an order of restriction, a copy of medical records that are relevant to the order ofrestriction.
(b) The records requested under Subsection (1)(a) shall be provided as soon asreasonably possible after the request is submitted to the health care provider or health carefacility, or as soon as reasonably possible after the health care provider or facility receives theresults of any relevant diagnostic testing of the individual.
(2) (a) The production of records under the provisions of this section is for the benefit ofthe public health and safety of the citizens of the state. A health care provider or facility isencouraged to provide copies of medical records or other records necessary to carry out thepurpose of this chapter free of charge.
(b) Notwithstanding the provisions of Subsection (2)(c), a health care facility that is astate governmental entity shall provide medical records or other records necessary to carry outthe purposes of this chapter, free of charge.
(c) If a health care provider or health care facility does not provide medical records freeof charge under the provisions of Subsection (2)(a) or (b), the health care provider or facility maycharge a fee for the records that does not exceed the presumed reasonable charges established forworkers' compensation by administrative rule adopted by the Labor Commission.
(3) Medical records held by a court related to orders of restriction under this chapter shallbe sealed by the district court at the conclusion of the case.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 115, 2008 General Session