Legal Question in Health Care Law in California

Re: patient rights

California Evidence Code section 1158 sets the limits on what medical providers may charge for copying their patient�s records. The amount that may legally be charged is $15.00 per hour for the clerical function which involves copying the records, plus $0.10 per page for regular 8.5 x 11 photocopies. Therefore, any demand over the statutory allowed amount for copying is illegal.

Furthermore, there is another code section which mandates timely transfer of records. For example, Section 123110 of Health and Safety Code (b) in pertinent part states:

(b) Additionally, any patient or patient's representative shall be entitled to copies of all or any portion of the patient records that he or she has a right to inspect, upon presenting a written request to the health care provider specifying the records to be copied... The health care provider shall ensure that the copies are transmitted within 15 days after receiving the written request.

Furthermore, in addition to civil liability for attorney�s fees and costs for willful failure to provide patient records, the code has outlined punitive measures against offending health care providers. Section 123110 of Health and Safety Code (i) in pertinent part states:

(i) Any health care provider � who willfully violates this chapter is guilty of unprofessional conduct. Any health care provider � that willfully violates this chapter is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). The state agency, board, or commission that issued the health care provider's professional or institutional license shall consider a violation as grounds for disciplinary action with respect to the licensure, including suspension or revocation of the license or certificate.

Good luck.