Arizona Laws 12-2293. Release of medical records and payment records to patients and health care decision makers; definition
A. Except as provided in subsections B and C of this section, on the written request of a patient or the patient’s health care decision maker for access to or copies of the patient’s medical records and payment records, the health care provider in possession of the record shall provide access to or copies of the records to the patient or the patient’s health care decision maker.
Terms Used In Arizona Laws 12-2293
- Health care decision maker: means an individual who is authorized to make health care treatment decisions for the patient, including a parent of a minor or an individual who is authorized pursuant to Section 8-514. See Arizona Laws 12-2291
- Health care provider: means :
(a) A person who is licensed pursuant to title 32 and who maintains medical records. See Arizona Laws 12-2291
- Medical records: means all communications related to a patient's physical or mental health or condition that are recorded in any form or medium and that are maintained for purposes of patient diagnosis or treatment, including medical records that are prepared by a health care provider or by other providers. See Arizona Laws 12-2291
- Payment records: means all communications related to payment for a patient's health care that contain individually identifiable information. See Arizona Laws 12-2291
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
B. A health care provider may deny a request for access to or copies of medical records or payment records if a health professional determines that either:
1. Access by the patient is reasonably likely to endanger the life or physical safety of the patient or another person.
2. The records make reference to a person other than a health professional and access by the patient or the patient’s health care decision maker is reasonably likely to cause substantial harm to that other person.
3. Access by the patient’s health care decision maker is reasonably likely to cause substantial harm to the patient or another person.
4. Access by the patient or the patient’s health care decision maker would reveal information obtained under a promise of confidentiality with someone other than a health professional and access would be reasonably likely to reveal the source of the information.
C. A health care provider may deny a request for access to or copies of medical records or payment records if the health care provider determines that either:
1. The information was created or obtained in the course of clinical research and the patient or the patient’s health care decision maker agreed to the denial of access when consenting to participate in the research and was informed that the right of access will be reinstated on completion of the research.
2. A health care provider is a correctional institution or is acting under the direction of a correctional institution and access by a patient who is an inmate in the correctional institution would jeopardize the health, safety, security, custody or rehabilitation of the patient or other inmates or the safety of any officer, employee or other person at the correctional institution or of a person who is responsible for transporting the inmate.
D. If the health care provider denies a request for access to or copies of the medical records or payment records, the health care provider must note this determination in the patient’s records and provide to the patient or the patient’s health care decision maker a written explanation of the reason for the denial of access. The health care provider must release the medical records or payment records information for which there is not a basis to deny access under subsection B of this section.
E. For the purposes of this section, "health professional" has the same meaning prescribed in section 32-3201.