Patient Access to Health Records(PAHRA)

A health care provider may decline to permit inspection or provide copies of mental health records to the patient at the patient's request when there is a substantial risk of adverse or detrimental consequences to the patient inspecting her own mental health records, subject to certain conditions, including: (1) The health care provider must make a written record, to be included with the mental health records requested, explaining the health care provider's reason for refusal.

A representative of a minor can be denied access to the minor's patient records where: 1) the patient records pertain to health care of a type for which the minor is lawfully authorized to consent to; or 2) the health care provider determines that granting access may have a detrimental effect on her professional relationship with the minor, the minor’s physical safety or the minor's psychological well-being.

Legislature declares intent of PAHRA is to establish procedures for providing access to health care records by patients.

Defines "alcohol and drug abuse records"

A patient shall be entitled to inspect patient records upon presenting to the health care provider a written request for those records and upon payment of reasonable clerical costs.

X-rays need not be provided if copies are transmitted to the health care provider upon request of the patient.

Upon written request, a patient is entitled to a free copy of his patient records if he can also prove the records are needed to appeal eligibility for a public benefits program.

Any patient inspecting his or her patient records shall have the right to provide the health care provider with a written addendum with respect to any part of the records that the patient finds to be incorrect or incomplete. Such addendum shall be attached to the patient's records.

A patient who has suffered a violation of Health & Safety Code 123110 may bring an action against the health care provider to enforce access to his patient records

This chapter does not require a health care provider to permit access to alcohol and drug abuse records that is prohibited by federal and other laws. Records subject to those laws are subject to this chapter to the extent that disclosure is permitted. This chapter does not require a health care provider to allow access of records of communicable disease carriers that is prohibited by law to protect confidentiality.