Vermont Statutes Title 18 Sec. 9419
Terms Used In Vermont Statutes Title 18 Sec. 9419
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Claim: means any claim, bill, or request for payment for all or any portion of provided health care services that is submitted by:
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Health care facility: means all institutions, whether public or private, proprietary or nonprofit, which offer diagnosis, treatment, inpatient, or ambulatory care to two or more unrelated persons, and the buildings in which those services are offered. See
- Health care provider: means a person, partnership, or corporation, other than a facility or institution, licensed or certified or authorized by law to provide professional health care service in this State to an individual during that individual's medical care, treatment, or confinement. See
- Health insurer: means any health insurance company, nonprofit hospital and medical service corporation, managed care organizations, and, to the extent permitted under federal law, any administrator of an insured, self-insured, or publicly funded health care benefit plan offered by public and private entities. See
- Person: means any individual, company, corporation, association, partnership, the U. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 9419. Charges for access to medical records
(a) A custodian may impose a charge that is no more than a flat $5.00 fee or no more than $0.50 per page, whichever is greater, for providing copies of an individual’s health care record. A custodian shall provide an individual or the authorized recipient with an itemized bill for the charges assessed. A custodian shall not charge for providing copies of any health care record requested to support a claim or an appeal under any provision of the Social Security Act or for any other federal or State needs-based benefit or program.
(b) A custodian may charge an individual a fee, reasonably related to the associated costs, for providing copies of X-rays, films, models, disks, tapes, or other health care record information maintained in other formats.
(c) As used in this section:
(1) “Custodian” means any person who maintains health care information for any lawful purpose, including a health care provider, a health care facility, or a health insurer.
(2) “Health care record” means all written and recorded health care information about an individual maintained by a custodian.
(3) “Individual” means a natural person, alive or dead, who is the subject of health care information and includes, when appropriate, the individual’s attorney-in-fact; legal guardian; health care agent, as defined in chapter 231 of this title; executor; or administrator. (Added 1999, No. 129 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 107.)