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| PRIOR PRINTER'S NO. 2221 | PRINTER'S NO. 2299 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, FERLO, RAFFERTY, PIPPY, BOSCOLA, ARGALL, YUDICHAK, BAKER AND MENSCH, MAY 29, 2012 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 18, 2012 |
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| AN ACT |
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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 |
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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 |
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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. |
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