§18. Health care records; copies

A. The provider of health care shall furnish to the claimant, the person appointed to represent the claimant in his dealings with the Social Security Administration, or an agent with written authorization made pursuant to 45 CFR 164.508, upon request, a copy of any records that are necessary to support his filing for social security disability benefits or supplemental security income benefits under any provision of the Social Security Act. Cost of each photocopy shall not exceed fifty cents per page for the first five pages and twenty-five cents for each additional page except that the amount due shall not be less than the amount paid by the Department of Children and Family Services for such copies. Payment for any copies made in connection with disability determinations shall be made to the health care provider's agent instead of the health care provider when the agent makes the copies.

B. If a copy of the record is not provided within a reasonable period of time, not to exceed fifteen days following the receipt of the request and written authorization, and production of the record is obtained through a court order or subpoena duces tecum, the health care provider shall be liable for reasonable attorney fees and expenses incurred in obtaining the court order or subpoena duces tecum. Such sanctions shall not be imposed unless the person requesting the copy of the record has by certified mail notified the health care provider of his failure to comply with the original request, by referring to the sanctions available, and the health care provider fails to furnish the requested copies within five days from receipt of such notice. Except for their own gross negligence, such health care providers shall not otherwise be held liable in damages by reason of their compliance with such request or their inability to fulfill the request.

Acts 2003, No. 1241, §1; Acts 2007, No. 476, §1.