Kentucky Health Information Management Association (KHIMA) is comprised of 951 members who are committed to excellence in the management of health information. Our membership advocates on protecting patient confidentiality, maintaining valid and accurate health data and to advancing the health information management profession in an electronic environment.
It has come to our attention there may be an effort this legislative session to amend Kentucky Revised Statute 422.317, which governs the fees providers may charge for medical record reproduction and release. Many ideas are being kicked around as to how to amend the law but the general theme is to do away with free records for third parties like attorneys. This email is intended to inform the Kentucky Hospital Association that amending K.R.S 422.317 during the 2017 legislative session is an opportunity that should not be missed. We believe there will be several germane omnibus bills in which this simple two paragraph statute could be included. Please consider this request and do what you can to make sure KHA supports amendment of K.R.S. 422.317 to accomplish the earlier stated goals.
Here is the statute:
422.317 Copy of patient’s medical record to be supplied on patient’s written request — Exception for Department of Corrections.
(1) Upon a patient’s written request, a hospital licensed under KRS Chapter 216B or a health care provider shall provide, without charge to the patient, a copy of the patient’s medical record. A copying fee, not to exceed one dollar ($1) per page, may be charged by the health care provider for furnishing a second copy of the patient’s medical record upon request either by the patient or the patient’s attorney or the patient’s authorized representative.
(2) The Department of Corrections shall not be considered as a health care provider under this section; however, the department may make medical records of an individual inmate available to that individual inmate unless the department, through its designee, determines that the provision of the record is subject to the provisions of KRS 197.025.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 334, sec. 6, effective July 15, 1996. — Created 1994 Ky. Acts ch. 512, Part 16, sec. 117, effective July 15, 1994.
Gretchen Catlett, RHIA
Advocacy Chair, Kentucky Health Information Management Association