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.