Law / United States / 
Louisiana
Healthcare information and records: patient access to records, charges and civil penalty
In force.
A data subject rights rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Data subject rights, Retention
- Audit expectation
- none
As of .
What it requires
- If you are a health care provider, furnish each patient, on request, a copy of any information related to the patient that you have transmitted to any company, public or private agency, or person.
- On a patient's or authorized person's signed authorization, provide a copy of the entirety of the treatment records in the form in which they exist, at no more than the charges the section sets, and a certification page on completeness if requested.
- If you are a physician or dentist, retain medical and dental records for at least six years from the date the patient is last treated.
- If you operate a clinical laboratory or medical facility, report test results to the patient on request after verifying the patient's identification, and tell the ordering provider that the patient requested them.
These lines are LexLint's reading of the law's text, as of .
What this law does
Under Revised Statutes 40:1165.1, each health care provider must furnish each patient, on request, a copy of any information related in any way to the patient that the provider has transmitted to any company, public or private agency, or person. Under Revised Statutes 40:1165.1, a patient or his legal representative has a right to obtain a copy of the entirety of the patient's treatment records in the form in which they exist on furnishing a signed authorization.
Under Revised Statutes 40:1165.1, a violation of the record-copy and charge provisions that is not corrected within fifteen days of receipt of written notice is subject to a civil penalty of $500 per violation, plus attorney fees and costs at the court's discretion, payable to the requestor of the medical records. Under Revised Statutes 40:1165.1, medical and dental records must be retained by a physician or dentist for a minimum of six years from the date a patient is last treated.
When LexLint raises it
When your app profile says your app handles health records.