The failed enrolled measure would have set rules for medical-record access, copying fees, and protected-health-information disclosures starting November 1, 2026.
Patients and other requesters would receive medical records under listed access and fee rules, with separate treatment for mental health records and certain government requests.
Covered entities would face disclosure limits tied to HIPAA, with possible court protection and mandatory license revocation for intentional violations.
Health care providers and facilities would provide patients or their representatives access to medical records and charge the listed fees for copies and related services. The rules cover patient records, medical bills, images, pathology slides, and requests by patients, representatives, spouses, responsible family members, attorneys, insurers, other third parties, and subpoenas. Patient copy fees would include the listed per-page, electronic-copy, image, media, delivery, certification, and affidavit limits. Providers could charge patients only reasonable, cost-based fees allowed under federal rules for requested copies. Mental health, psychiatric, psychological, and substance abuse treatment records would remain subject to separate access rules. Requests from the state's Disability Determination Division would use rates allowed by the Social Security Administration. The enrolled text set November 1, 2026, as the effective date, but the measure was pocket-vetoed and did not take effect.
Covered entities would be barred from using or disclosing protected health information except as HIPAA allows. The rule applies to covered entities and protected health information as those terms are defined under HIPAA. An intentional violation would count as unprofessional conduct when a licensing board or regulatory agency applies. The violation would be subject to mandatory license revocation. A covered entity could ask a court for temporary, preliminary, or permanent relief when it believes a violation occurred or will occur. These provisions were scheduled to take effect November 1, 2026, but the pocket-vetoed measure did not take effect.
No hearings or votes scheduled.