§ 3–1210.11. Patient or client records.

(a) Upon written request from a patient or client, or person authorized to have access to the patient's personal medical record under a health care power of attorney for the patient or client, a health care entity having custody and control of the patient's or client's personal medical record shall furnish a complete and current copy of that personal medical record. If the patient or client is deceased, the request may be made by:

(1) Repealed.

(2) The executor for the decedent’s estate;

(3) The temporary executor for the decedent’s estate;

(4) The administrator for the decedent’s estate;

(5) The temporary administrator for the decedent’s estate; or

(6) Any survivor of the decedent or other persons involved in the decedent's health care or payment prior to the decedent's death, unless doing so would be inconsistent with any expressed preference of the decedent that is known to the health care entity.

(b)(1) A health care entity may require the patient or client, a person authorized to have access to the patient's or client's record under a health care power of attorney for the patient or client, or, if the patient or client is deceased, a person listed under subsection (a) of this section, to pay a reasonable fee for copying, as determined by the board through rulemaking.

(2) A health care entity shall not charge a person authorized to have access to a patient's or client's personal medical record under a health care power of attorney for the patient or client or, if the patient or client is deceased, a person listed under subsection (a) of this section, a fee different than the one the health care entity would charge the patient or client.

(c) Medical records shall be maintained for a minimum period of 5 years from the date of last contact for an adult and a minimum period of 5 years after a minor reaches the age of majority.

(d) For purposes of this section, the term "health care entity" means a health care provider or a business associate as defined in 45 C.F.R. § 160.103.