SB 980

Existing law governs a patient’s access to their health records. Existing law requires a health care provider, as defined, to provide a patient or the patient’s representative with all or any part of the patient’s medical records that the patient has a right to inspect, subject to the payment of clerical costs incurred in locating and making the records available, following a written request from the patient. Existing law entitles a patient, employee of a nonprofit legal services entity representing the patient, or the personal representative of a patient, to a copy, at no charge, of the relevant portion of the patient’s records upon written request. Existing law also prohibits a health care provider from charging a fee to a patient for filling out forms or providing information responsive to forms that support a claim or appeal regarding eligibility for a public benefit program. Existing law makes a willful violation of these provisions by specified health care providers an infraction. This bill would additionally prohibit a health care provider form charging a fee to a patient for completing health-related forms required by an educational institution or childcare provider for participation in school, childcare, or school-sponsored activities. By expanding the requirements on health care providers and thereby expanding a crime, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.