HB 1147 and the Electronic Medical Record

House Bill (HB) 1147 was filed January 7, 2020 by Representative Payne. A similar Senate Bill (SB) 1882 was filed January 13, 2020 by Senator Lee. Those who are familiar with the Florida Legislative process will know that a new law usually requires two bills, one in each chamber. They are each generally referred to committees for consideration. That process is a great feature of the Florida process because anyone can appear at a a committee meeting to hear discussion, and everyday people may sign up to comment on a bill at those meetings.

HB 1147 would add paragraph (3) to section 394.4615, Fla. Stat. This would afford a "service provider" fourteen working days to "furnish clinical records in its possession" following a request. And, the provider would be required to provide them "in paper form or, upon request, in an electronic format." Those providers that maintain and "an electronic health record system" are required to provide the "records in the manner chosen by the requester," and the options "must include electronic format, access through a web-based patient portal, or submission through a patient's electronic personal health record." Thus, the provider that elects to maintain records electronically may be compelled to produce electronically. Photocopies can created costs, remember What is a Photocopy Machine? back in 2014?

The change may be significant, because section 395.3025(1), Florida Statutes, already provides that charges for "nonpaper records . . . are subject to a charge not to exceed $2." That same section limits the charge for paper records to $1 per page. Thus, a 100-page composite of records kept in paper form could potentially result in a charge of $100.00 compared to the $2.00 charge for an electronic copy (plus a search fee of up to "$1 may be charged for each year of records requested").

HB 1147 would also add new subsections to section 397.501(7), Fla. Stat. This would afford a similar fourteen working day period within which a provider of substance abuse services would have to provide a copy of records. It institutes a similar constraint on those who "maintain an electronic health record," and mandates that such a provider must afford options to the requester as described in section 394.4615. Paragraph (7) would also have a subparagraph requiring such providers to afford record access (for examination) to both requester and "legal representatives." The deadline for providing that access is only 10 working days.

For nursing homes, HB 1147 would amend section 400.145 to require that facilities provide response to a written request from a resident "within 24 hours, excluding weekends and holidays." The actual copies of those care records would have to be provided "within 2 working days."

The bill would create section 408.833, Fla. Stat. This chapter of Florida Statutes is focused on hospitals, hospice, and other care facilities. This would echo the provisions above regarding the fourteen working day parameter and the constraints requiring that a requester be given the electronic option if the provider maintains an "electronic health record system." There are also changes in the bill where statutes currently require record production "in a timely manner," to the fourteen working day requirement (section 456.057).

There are some reference corrections also in the bill. These are instances in which a law makes reference to another section of the Florida Statutes. As the law evolves and amendments are passed, those referential paragraph numbers and letters can change. Various such references to other statutes are accordingly amended by this legislation.

The overall impact of these changes would seemingly be more rapid access to medical records. The potential for eliminating or perhaps minimizing the use of paper (and the costs and effects of shipping it) is also noteworthy. The limitation of copy costs may have a significant affect upon the workers' compensation system, in direct expenditures. And, finally, those who request records and wish to store them digitally will perhaps no longer be faced with the scanning of records produced in paper form.

Since its introduction, HB 1147 has moved expeditiously through the hearing process. It was reported favorably by the Health Quality Subcommittee on January 20, 2020, by the Health Care Appropriations Subcommittee on January 28, 2020, and by the Health and Human Services Committee on February 12, 2020. It was placed on the House of Representatives "second reading" calendar that same day, and is awaiting further action on the House floor.

Senate Bill 1882 has not yet been heard by a committee. Upon filing, the bill was referred to the Health Policy Committee and the Judiciary Committee, and the Rules Committee.

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Disclaimer: WorkersCompensation.com publishes independently generated writings from a variety of workers' compensation industry stakeholders. The opinions expressed are solely those of the author and do not necessarily reflect those of WorkersCompensation.com.

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HB 1147 and the Electronic Medical Record | News For The Workers Comp Industry - WorkersCompensation.com