PRIOR PRINTER'S NO. 2221

PRINTER'S NO.  2299

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1535

Session of

2012

  

  

INTRODUCED BY GREENLEAF, FERLO, RAFFERTY, PIPPY, BOSCOLA, ARGALL, YUDICHAK, BAKER AND MENSCH, MAY 29, 2012

  

  

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 18, 2012   

  

  

  

AN ACT

  

1

Amending Title 42 (Judiciary and Judicial Procedure) of the

2

Pennsylvania Consolidated Statutes, in rules of evidence,

3

further providing for subpoena of records.

4

The General Assembly of the Commonwealth of Pennsylvania

5

hereby enacts as follows:

6

Section 1.  Section 6152(a)(1) and (2) of Title 42 of the

7

Pennsylvania Consolidated Statutes are amended to read:

8

§ 6152.  Subpoena of records.

9

(a)  Election.--

10

(1)  When a subpoena duces tecum is served upon any

11

health care provider or an employee of any health care

12

facility licensed under the laws of this Commonwealth,

13

requiring the production of any medical charts or records at

14

any action or proceeding, it shall be deemed a sufficient

15

response to the subpoena if the health care provider or

16

health care facility notifies the attorney for the party

17

causing service of the subpoena, within three days of receipt

18

of the subpoena, of the health care provider's or facility's

 


1

election to proceed under this subchapter [and of the

2

estimated actual and reasonable expenses of reproducing the

3

charts or records]. However, when medical charts or records

4

are requested by a district attorney or by an independent or

5

executive agency of the Commonwealth, notice pursuant to this

6

section shall not be deemed a sufficient response to the

7

subpoena duces tecum.

8

(2)  (i)  Except as provided in subparagraph (ii), the

9

health care provider or facility or a designated agent

10

shall be entitled to receive payment of [such expenses] 

<--

11

the amounts under this subsection before producing the

12

charts or records pursuant to a subpoena or authorization

<--

13

under the Health Insurance Portability and Accountability

14

Act of 1996 (Public Law 104-191, 110 Stat. 1936). The

15

payment shall [not exceed $15] be $20.62 for searching

16

for and retrieving the records, [$1] $1.39 per page [for

17

paper copies] for the first 20 pages, [75¢] $1.03 per

18

page for pages 21 through 60 and [25¢] 34¢ per page for

19

pages 61 and thereafter for paper copies or reproductions

20

on electronic media whether the records are stored on

21

paper or in electronic format; [$1.50] $2.04 per page for

22

copies from microfilm; plus the actual cost of postage,

23

shipping or delivery. No other charges for the retrieval,

24

copying and shipping or delivery of medical records other

25

than those set forth in this paragraph shall be permitted

26

without prior approval of the party requesting the

27

copying of the medical records. The amounts which may be

28

charged shall be adjusted annually beginning on January

29

1, [2000] 2013, by the Secretary of Health of the

30

Commonwealth based on the most recent changes in the

- 2 -

 


1

consumer price index reported annually by the Bureau of

2

Labor Statistics of the United States Department of

3

Labor.

4

(ii)  Payment to a health care provider or facility

5

for searching for, retrieving and reproducing medical

6

charts or records requested by a district attorney shall

7

[not exceed $15] be $20.62, search and retrieval fee,

8

plus the actual cost of postage, shipping or delivery as

9

described in subparagraph (i), as adjusted by the

10

Secretary of Health of the Commonwealth, unless otherwise

11

agreed to by the district attorney.

12

* * *

13

Section 2.  This act shall take effect in 60 days.

- 3 -