(a) Protective order.--Any patient whose medical charts or records are copied and delivered pursuant to this subchapter, any person acting on such patient's behalf and the health care facility having custody of the charts or records shall have standing to apply to the court or other body before which the action or proceeding is pending for a protective order denying, restricting or otherwise limiting access to and use of the copies or original charts and records.
(b) Rights to records generally.--
(1) A patient or his designee, including his attorney, shall have the right of access to his medical charts and records and to obtain photocopies of the same, without the use of a subpoena duces tecum, for his own use. A health care provider or facility shall not charge a patient or his designee, including his attorney, a fee in excess of the amounts set forth in section 6152(a)(2)(i) (relating to subpoena of records).
(2) Nothing in this subsection shall be construed as requiring an insurer to pay for medical records required to validate medical services for which reimbursement is sought under an insurance contract, except as provided in:
(i) the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, and the regulations promulgated thereunder;
(ii) 75 Pa.C.S. Ch. 17 (relating to financial responsibility) and the regulations promulgated thereunder; or
(iii) a contract between an insurer and any other party.
(Feb. 18, 1998, P.L.170, No.26, eff. 60 days)
1998 Amendment. Act 26 amended subsec. (b).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 61 - Rules of Evidence
Section 6101 - Scope of subchapter
Section 6102 - Judicial notice of official seals
Section 6103 - Proof of official records
Section 6104 - Effect of official records generally
Section 6105 - Acts of notaries public
Section 6106 - Certified exemplifications of records
Section 6107 - Judicial notice of certain local government ordinances
Section 6108 - Business records
Section 6109 - Photographic copies of business and public records
Section 6110 - Registers kept by religious societies and municipalities
Section 6112 - Introduction of parol evidence after refusal to produce documents
Section 6121 - Eminent domain matters
Section 6141 - Effect of certain settlements
Section 6142 - Pleas in vehicle matters
Section 6143 - Registration number as evidence of operation of vehicle
Section 6144 - Dying declarations in case of abortion
Section 6151 - Use of certified copies
Section 6152 - Subpoena of records
Section 6152.1 - Limit on charges
Section 6154 - Affidavit of none or partial possession
Section 6155 - Rights of patients
Section 6156 - Opening of sealed envelopes
Section 6157 - Retention of records
Section 6158 - Obtaining personal attendance of custodian