Text of Statute

(A) As used in this section:

(1) "Hospital" means any institution registered as a hospital with the department of health pursuant to section 3701.07 of the Revised Code.

(2) "Medical record" means any document or combination of documents that pertains to a patient's medical history, diagnosis, prognosis, or medical condition and that is generated and maintained in the process of the patient's health care treatment at a hospital.

(3) "Finalized medical record" means a medical record that is complete according to a hospital's bylaws.

(4) "Patient" means any individual who received health care treatment at a hospital.

(B) A hospital shall prepare a finalized medical record for each patient who receives health care treatment at the hospital, within a reasonable time after treatment.

(C) A patient who wishes to examine or obtain a copy of part or all of a finalized medical record covering a prior inpatient stay or outpatient treatment shall submit to the hospital a signed, written request dated not more than sixty days before the date on which it is submitted. The patient who wishes to obtain a copy of the record shall indicate in the request whether the copy is to be sent to the patient's residence or held for the patient at the hospital. Within a reasonable time after receiving a request that meets the requirements of this division and includes sufficient information to identify the record requested, the hospital shall permit the patient to examine the record during regular business hours or shall provide a copy of the record in accordance with the request, except that if a physician who has treated the patient determines for clearly stated treatment reasons that disclosure of the requested record is likely to have an adverse effect on the patient, the hospital shall provide the record to a physician designated by the patient. The hospital shall take reasonable steps to establish the identity of the patient examining, or requesting a copy of, the patient's record.

(D) If a hospital fails to furnish a finalized medical record as required by division (C) of this section, the patient who requested the record may bring a civil action to enforce the patient's right of access to the record.

(E) This section does not apply to medical records whose release is covered by Chapter 1347 . or 5122. of the Revised Code or by 42 C.F.R. Part 2, "Confidentiality of Alcohol and Drug Abuse Patient Records." Nothing in this section is intended to supersede the confidentiality provisions of sections 2305.24 to 2305.251 [2305.25.1] of the Revised Code.

HISTORY: 140 v H 433. Eff 3-28-85.