Montana Code 50-16-541. Requirements and procedures for patient’s examination and copying
50-16-541. Requirements and procedures for patient‘s examination and copying. (1) Upon receipt of a written request from a patient to examine or copy all or part of the patient’s recorded health care information, a health care provider, as promptly as required under the circumstances but no later than 10 days after receiving the request, shall:
Terms Used In Montana Code 50-16-541
- Health care: means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body. See Montana Code 50-16-504
- Health care information: means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care. See Montana Code 50-16-504
- Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 50-16-504
- Patient: means an individual who receives or has received health care. See Montana Code 50-16-504
- Reasonable fee: means the charge, as provided for in 50-16-540, for duplicating, searching for, or handling recorded health care information. See Montana Code 50-16-504
- Writing: includes printing. See Montana Code 1-1-203
(a)make the information available to the patient for examination, without charge, during regular business hours or provide a copy, if requested, to the patient;
(b)inform the patient if the information does not exist or cannot be found;
(c)if the health care provider does not maintain a record of the information, inform the patient and provide the name and address, if known, of the health care provider who maintains the record;
(d)if the information is in use or unusual circumstances have delayed handling the request, inform the patient and specify in writing the reasons for the delay and the earliest date, not later than 21 days after receiving the request, when the information will be available for examination or copying or when the request will be otherwise disposed of; or
(e)deny the request in whole or in part under 50-16-542 and inform the patient.
(2)Upon request, the health care provider shall provide an explanation of any code or abbreviation used in the health care information. If a record of the particular health care information requested is not maintained by the health care provider in the requested form, the health care provider is not required to create a new record or reformulate an existing record to make the information available in the requested form. The health care provider may charge a reasonable fee for each request, not to exceed the fee provided for in 50-16-540, for providing the health care information and is not required to provide copies until the fee is paid.