Adds to existing law to require the provision of copies of medical records in certain circumstances.
Summary
Senate Bill 1087 creates a new chapter in Title 39, Idaho Code, to require certain health care providers to furnish one free copy of a patient’s medical records when the request is made by the patient, former patient, the patient’s authorized attorney, or authorized representative to support a documented qualified claim or appeal for benefits under the Social Security Act. The bill expressly includes mental health records within the covered records.
The bill requires the records request to be fulfilled within 30 days and, if available, in electronic format; a paper copy may be provided if electronic delivery is unavailable. It also defines “health care provider” broadly to include licensed practitioners, their agents, health care facilities, and facility agents, but exempts providers with fewer than 50 employees that are independently owned and do not use a third-party service to prepare copies.
Impact
If enacted, the bill would add a new statutory requirement in Idaho law governing access to medical records for Social Security disability-related claims and appeals. It would create a limited right to one free copy of records in those circumstances, impose a 30-day response deadline, and require electronic delivery when possible, while carving out a small-provider exemption. The measure would affect patients pursuing Social Security benefits, their attorneys or representatives, and health care providers that maintain or copy medical records, including providers handling mental health records.
Sentiment
The bill appears to have had mixed to negative legislative sentiment overall. It passed the Idaho Senate on third reading by a narrow margin, 19-16, suggesting significant concern even within the chamber of origin. It then failed in the House on third reading, 28-42, indicating broader opposition or insufficient support in the second chamber.
Contention
The main points of contention likely centered on the cost and administrative burden of requiring free copies of records, especially for providers that must retrieve, format, and transmit records within 30 days. The exemption for small, independently owned providers suggests lawmakers were attentive to the impact on smaller practices, but the bill still appears to have raised concerns about mandating uncompensated record production. Supporters likely viewed the measure as improving access to records needed for Social Security claims and appeals, while opponents likely questioned whether the mandate should apply broadly to health care providers.