H.R. 7790

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7790 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7790

To amend the HITECH Act to allow an individual to obtain a copy of such 
individual's protected health information at no cost unless certain 
circumstances apply, and for other purposes.

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IN THE HOUSE OF REPRESENTATIVES

March 4, 2026

Mr. Foster (for himself and Mrs. Beatty) introduced the following bill; 
which was referred to the Committee on Energy and Commerce

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A BILL

To amend the HITECH Act to allow an individual to obtain a copy of such 
individual's protected health information at no cost unless certain 
circumstances apply, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Medical Records Access Fairness Act 
of 2026''.

SEC. 2. ACCESS OF INDIVIDUALS TO PROTECTED HEALTH INFORMATION AT NO 
COST UNLESS CERTAIN CIRCUMSTANCES APPLY.

Section 13405 of the HITECH Act (42 U.S.C. 17935) is amended by 
adding at the end the following new subsection:
``(f) Access of Individuals to Protected Health Information at No 
Cost Unless Certain Circumstances Apply.--
``(1) Access of individuals to protected health information 
at no cost unless certain circumstances apply.--
``(A) In general.--In providing an individual (and, 
if the individual expressly requests, a health care 
provider or a family caregiver) with access to a copy 
of such individual's protected health information (or a 
summary or explanation of such information) in 
accordance with section 164.524 of title 45, Code of 
Federal Regulations, a health care provider may only 
impose a fee on such individual if the individual is 
requesting--
``(i) a duplicate copy (or summary or 
explanation) of protected health information 
that was previously provided to such individual 
in the same calendar year of the request; or
``(ii) a non-electronic copy (or summary or 
explanation) of protected health information 
that the health care provider has made 
accessible for the individual, at no cost, on 
an online portal of the health care provider.
``(B) Copies transmitted to other health care 
providers.--In the case of an individual who expressly 
requests a health care provider to transmit to another 
health care provider a copy of such individual's 
protected health information (or a summary or 
explanation of such information), such transmitting 
provider may transmit such copy (or summary or 
explanation) in any form and format to the extent that 
such form and format is readily usable by such 
receiving provider.
``(C) Rule of construction.--Nothing in this 
subsection may be construed as requiring a health care 
provider to provide, at no cost, a copy of an 
individual's protected health information (or a summary 
or explanation of such information) to any attorney of 
such individual.
``(2) Regulations.--Not later than six months after the 
date of the enactment of this subsection, the Secretary of 
Health and Human Services shall promulgate and amend 
regulations as necessary to implement the requirements 
described in this subsection.
``(3) Effective date.--This subsection shall apply with 
respect to requests for access to protected health information 
made on or after the date that is 180 days after the date of 
the enactment of this subsection.''.
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