(a) As used in this section:(1) “Healthcare provider” means:(A) An individual who is licensed, certified, or otherwise authorized by a licensing authority of this state to administer healthcare services in the ordinary course of his or her business or practice; or(B) A healthcare facility including without limitation a hospital, pharmacy, long-term care facility, office of a healthcare professional, or a hospice facility;(2) “Medical record” means a patient's health record, including without limitation evaluations, diagnoses, prognoses, laboratory reports, X-rays, prescriptions, and other technical information used in assessing the patient's condition, or the pertinent portion of the record relating to a specific condition or a summary of the record; and(3) “Patient” means a person who has received healthcare services from a healthcare provider.
(1) “Healthcare provider” means:(A) An individual who is licensed, certified, or otherwise authorized by a licensing authority of this state to administer healthcare services in the ordinary course of his or her business or practice; or(B) A healthcare facility including without limitation a hospital, pharmacy, long-term care facility, office of a healthcare professional, or a hospice facility;
(A) An individual who is licensed, certified, or otherwise authorized by a licensing authority of this state to administer healthcare services in the ordinary course of his or her business or practice; or
(B) A healthcare facility including without limitation a hospital, pharmacy, long-term care facility, office of a healthcare professional, or a hospice facility;
(2) “Medical record” means a patient's health record, including without limitation evaluations, diagnoses, prognoses, laboratory reports, X-rays, prescriptions, and other technical information used in assessing the patient's condition, or the pertinent portion of the record relating to a specific condition or a summary of the record; and
(3) “Patient” means a person who has received healthcare services from a healthcare provider.
(b) Notwithstanding any other provision of the law to the contrary, a healthcare provider may, in its sole discretion, create, maintain, transmit, receive, and store medical records in an electronic format and may, in its sole discretion, temporarily or permanently convert records into an electronic format.
(c) (1) A healthcare provider is not required to maintain separate tangible copies of electronically stored medical records.(2) However, the healthcare provider shall maintain electronically stored medical records in a legible and retrievable form, including adequate data backup.
(1) A healthcare provider is not required to maintain separate tangible copies of electronically stored medical records.
(2) However, the healthcare provider shall maintain electronically stored medical records in a legible and retrievable form, including adequate data backup.
(d) This section is subject to all applicable federal laws governing the security and confidentiality of a patient's personal health information.
(e) A tangible copy of a medical record reproduced from an electronically stored record shall be considered an original for purposes of providing copies to patients or other authorized parties and for introduction of the medical record into evidence in administrative or court proceedings.
(f) (1) Except as provided otherwise under federal law, upon receiving a request for a copy of a medical record from a patient or an authorized person, a healthcare provider shall provide copies of the medical record in either tangible or electronically stored form.(2) Except as provided otherwise under federal law, if a healthcare provider is audited by a health benefit plan, a pharmacy benefit manager, or a third-party entity involved in health benefits, the auditor shall accept an electronic version of the medical record in lieu of a physical medical record.
(1) Except as provided otherwise under federal law, upon receiving a request for a copy of a medical record from a patient or an authorized person, a healthcare provider shall provide copies of the medical record in either tangible or electronically stored form.
(2) Except as provided otherwise under federal law, if a healthcare provider is audited by a health benefit plan, a pharmacy benefit manager, or a third-party entity involved in health benefits, the auditor shall accept an electronic version of the medical record in lieu of a physical medical record.
(g) This section applies to psychiatric, psychological, or other mental health medical records of a patient.