AN ACT relating to the production of medical records.

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AN ACT relating to the production of medical records. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 422.305 is amended to read as follows: 3
(1) (a) When a subpoena duces tecum is served upon any employee of any medical 4
provider[hospital], requiring the production of any [ such] medical charts or 5
records at any acti on or proceeding, it is sufficient if the employee of the 6
medical provider[hospital] charged with the responsibility of being custodian 7
of the original charts or records [thereof] promptly notifies, in writing, the 8
attorney for the party causing service of the subpoena, of the medical 9
provider's[hospital's] election to proceed under the provisions of KRS 10
422.300 to 422.330 and of the estimated actual and reasonable expenses of 11
reproducing the requested[such] charts or records. 12
(b) Upon receipt of the[such] notification, the attorney causing the service of the 13
subpoena shall notify all other attorneys of record , or other parties if they are 14
not represented by attorneys, of the medical provider's[hospital's] election. 15
(c) Following the medical provider's[such] election, the employee of the medical 16
provider[hospital] charged with the responsibility of being custodian of the 17
original charts or records specified in the subpoena shall hold the originals 18
available at the medical provider's facility[hospital], and upon payment to the 19
medical provider [hospital] of the estimated reproduction expenses by the 20
party causing service of the subpoena, or by any other party, shall promptly 21
deliver, by certified mail or by personal delivery, legible and durable copies, 22
certified by the medical provider's [said hospital] employee, of all medical 23
charts or records specified in the[such] subpoena to the person specified in the 24
subpoena. 25
(2) (a) The certification shall be signed before a notary public by the employee of the 26
medical facility [hospital] charged with [ the responsibility of] being the 27
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custodian of the records and shall include the full name of the patient, the 1
patient's medical record number, the number of pages in the medical record, 2
and a legend substantially to the following effect: "The copies of records for 3
which this certification is made are true and complete reproductions of the 4
original or microfilmed medical records which are housed in (name of 5
medical provider [hospital]). The original records were made in the regular 6
course of business, and it was the regular course of (name of medical 7
provider[hospital]) to make the[such] records at or near the time of the matter 8
recorded. This certification is given pursuant to KRS .... by the custodian of 9
the records in lieu of his or her personal appearance." 10
(b) 1. The[Such] copies shall be separately enclosed and sealed in an inner 11
envelope or wrapper bearing the legend "Copies of Medical Records.[,]" 12
2. [and ]The title and number of the action or proceeding, the date of the 13
subpoena, the name of the medical provider[hospital], the full name of 14
the patient, the patient's medical reco rd number , and the name and 15
business telephone number of the employee making the certification, 16
together with[and] the sealed envelope or wrapper and[, together with] 17
the certification, shall then be enclosed and sealed in an outer envelope 18
or wrapper, and delivered to the requesting party. 19
(3) (a) When the copies of records are personally delivered, a receipt shall be 20
presented to the person receiving the records for his or her signature and shall 21
be immediately signed and returned to the person delivering the records. The 22
receipt shall contain the name of the medical provider[hospital], the full name 23
of the patient, the medical record number of the patient, the date the copies of 24
records were received, and the signature of the person receiving the records. 25
(b) When the copies of records are sent via certified mail, the receipt used by the 26
postal authorities shall be sufficient to prove delivery and receipt of the copies 27
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of records. 1
(4) If the medical provider[hospital] has none of the charts or records spe cified in the 2
subpoena, or only part of the charts or records [thereof], the employee of the 3
medical provider[hospital] charged with[ the responsibility of] being the custodian 4
of the original medical provider's [hospital] charts or records shall [ so] state that 5
fact in a notarized affidavit and, following notice and payment of expenses shall 6
hold available the original charts or records which are in the medical 7
provider's[hospital's] custody and specified in the subpoena , and shall deliver the 8
certified[ the] copies together with the affidavit. 9
(5) A subpoena duces tecum under subsection (1) of this section shall be served no 10
later than fourteen (14) days prior to the date and time set in the subpoena 11
commanding the appearance and production of the requested charts or records 12
for inspection and copying. 13