Ky. Rev. Stat. » Chapter 422

Ky. Rev. Stat. § 422.317

Copy of patient's medical record to be supplied on patient's written

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request -- Exception for Department of Corrections. (1) Upon a patient's written request, a hospital licensed under KRS Chapter 216B or a health care provider shall provide, without charge to the patient, a copy of the patient's medical record. A copying fee, not to exceed one dollar ($1) per page, may be charged by the health care provider for furnishing a second copy of the patient's medical record upon request either by the patient or the patient's attorney or the patient's authorized representative. (2) The Department of Corrections shall not be considered as a health care provider under this section; however, the department may make medical records of an individual inmate available to that individual inmate unless the department, through its designee, determines that the provision of the record is subject to the provisions of KRS 197.025. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 334, sec. 6, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 512, Part 16, sec. 117, effective July 15, 1994.

Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 1995–2022 · leading case: Eriksen v. Gruner & Simms, PLLC
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Eriksen v. Gruner & Simms, PLLC (2013) kyctapp · cites it 4× “The OAG states in pertinent part that in a situation where a patient is requesting their one free copy allowed under KRS 422.317, providers must make a complete copy of the records available in some manner without requiring additional payments of any type.”
Woodward, Hobson & Fulton, L.L.P. v. Revenue Cabinet (2002) kyctapp “KRS 422.317(1) provides that a patient’s medical records be provided upon written request, and limits the charges for furnishing a second photocopy of the patient’s record.”
Johnathan Davis on Behalf of Himself and a Class of Similarly Situated v. Norton Healthcare, Inc. (2021) kyctapp · cites it 12× “300 by charging an excessive notary fee and violated KRS 422.317 by charging a processing fee when he was entitled 2 45 Code of Federal Regulations (CFR) 164.”
James Harrison v. Catherine Weicht (2021) kyctapp · cites it 2× “” Appended to the reply was a “Health Services Staff Contact Form” dated August 22, 2019, requesting “one free copy of my medical records” and stating: WellPath is a healthcare provider corporation contract entity and KRS 422.317 mandates providing one free copy to the patient…”
Jane Doe v. Ashland Hospital Corporation (2022) kyctapp · cites it 2× “KRS 422.317 requires a licensed hospital to provide a patient with a free copy of his or her medical records upon request.”
Hardin County v. Valentine (1995) kyctapp “We would, however, note that since this appeal was filed, the legislature enacted KRS 422.317 in which it stated that “[a] copying fee, not to exceed one dollar ($1) per page, may be charged by the health care provider for furnishing a second copy of the patient’s medical record…”
— Ky. Rev. Stat. § 422.317(1) — 2 cases
Woodward, Hobson & Fulton, L.L.P. v. Revenue Cabinet (2002) kyctapp “KRS 422.317(1) provides that a patient’s medical records be provided upon written request, and limits the charges for furnishing a second photocopy of the patient’s record.”
Johnathan Davis on Behalf of Himself and a Class of Similarly Situated v. Norton Healthcare, Inc. (2021) kyctapp “300 by charging an excessive notary fee and violated KRS 422.317 by charging a processing fee when he was entitled 2 45 Code of Federal Regulations (CFR) 164.”
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