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Mont. Code Ann. § 50-16-541

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Requirements and procedures for patient's examination and copying

These requirements apply only to those health care providers/facilities that are not considered a covered entity under HIPAA. 

A patient may submit a written request to examine and/or copy all or part of his or her recorded health care information to a health care provider (including a health care facility). As promptly as required under the circumstances, but no later than ten days after receiving the request, the provider must take one of the following actions: 

  • Permit the patient to examine the information at no charge during regular business hours;
  • If the patient requests, provide a copy of the information to the patient;
  • If the information does not exist or cannot be found, inform the patient;
  • If the provider does not maintain a record of the information, inform the patient and provide the name and address of the provider who does maintain the record, if known;
  • If the information is in use or there are unusual circumstances that delay handling the request, inform the patient and specify in writing the reasons for delay and the earliest date (no later than 21 days after receiving the request) when the information will be available or when the request will otherwise be handled; or
  • Deny the request, in whole or in part, and inform the patient.

If the patient requests, the provider must provide an explanation of any code or abbreviation used in the health care information. A provider may charge a reasonable fee for copying information and/or for searching for and handling the requested information, and is not required to provide a copy until such fee is paid. 

Current as of June 2015