H.R. 7790: Medical Records Access Fairness Act of 2026

The Medical Records Access Fairness Act of 2026 aims to amend the Health Information Technology for Economic and Clinical Health (HITECH) Act. The main focus of this bill is to ensure that individuals have access to their own protected health information (PHI) at no cost, with some specified exceptions. Below are the key components of the bill:

Key Provisions

• No Cost for Access: The bill generally allows individuals to request and obtain copies of their protected health information without being charged. This applies to cases where the individual is not requesting a duplicate copy of information they already received in the same calendar year or a non-electronic copy of information that is accessible online at no cost.
• Requests to Transmit Information: If an individual asks a healthcare provider to send their PHI to another healthcare provider, the sending provider is allowed to transmit this information in any useful form or format.
• Legal Representation Exclusion: The bill clarifies that healthcare providers are not required to provide free access to an individual's PHI to attorneys representing that individual.
• Regulation Implementation: The Secretary of Health and Human Services is tasked with creating or updating regulations necessary for the enforcement of these provisions within six months of the bill's enactment.
• Effective Date: The provisions of this bill will take effect 180 days after it becomes law, affecting requests made on or after that date.

Exceptions to No-Cost Access

The healthcare providers may charge fees only under specific circumstances, including:

• If the individual requests a duplicate copy of their PHI that was already provided to them within the same calendar year.
• If the individual requests a non-electronic copy of their PHI that is already available to them for free on an online portal.

Regulatory Process

The Secretary of Health and Human Services will need to put in place the necessary regulations to implement these changes. This action must happen within six months of the bill’s passage to ensure proper adherence to the new rules.

Conclusion of Summary

This bill seeks to enhance individuals' rights regarding their personal health information, providing them significantly easier and cost-free access to their records while ensuring certain protections and exclusions are maintained for healthcare providers.

Relevant Companies

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