12-2293

12-2293. Release of medical records and
payment records to patients and health care decision makers;
definition

A. Except as provided in subsections B and C of this section, on the written
request of a patient or the patient's health care decision maker for access to or copies
of the patient's medical records and payment records, the health care provider in
possession of the record shall provide access to or copies of the records to the patient
or the patient's health care decision maker.

B. A health care provider may deny a request for access to or copies of medical
records or payment records if a health professional determines that either:

1. Access by the patient or the patient's health care decision maker is reasonably
likely to endanger the life or physical safety of the patient or another person.

2. The records make reference to a person other than a health professional and
access by the patient or the patient's health care decision maker is reasonably likely to
cause substantial harm to that other person.

3. Access by the patient's health care decision maker is reasonably likely to cause
substantial harm to the patient or another person.

4. Access by the patient or the patient's health care decision maker would reveal
information obtained under a promise of confidentiality with someone other than a health
professional and access would be reasonably likely to reveal the source of the
information.

C. A health care provider may deny a request for access to or copies of medical
records or payment records if the health care provider determines that either:

1. The information was created or obtained in the course of clinical research and
the patient or the patient's health care decision maker agreed to the denial of access
when consenting to participate in the research and was informed that the right of access
will be reinstated on completion of the research.

2. A health care provider is a correctional institution or is acting under the
direction of a correctional institution and access by a patient who is an inmate in the
correctional institution would jeopardize the health, safety, security, custody or
rehabilitation of the patient or other inmates or the safety of any officer, employee or
other person at the correctional institution or of a person who is responsible for
transporting the inmate.

D. If the health care provider denies a request for access to or copies of the
medical records or payment records, the health care provider must note this determination
in the patient's records and provide to the patient or the patient's health care decision
maker a written explanation of the reason for the denial of access. The health care
provider must release the medical records or payment records information for which there
is not a basis to deny access under subsection B of this section.

E. For the purposes of this section, "health professional" has the same meaning
prescribed in section 32-3201.