Medical Records Access Fairness Act of 2026
- Bill Number
- H.R. 7790
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-03-04: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-03-27T16:41:24Z
AI-Generated Summary
Purpose
The Medical Records Access Fairness Act of 2026 aims to improve patient access to their own health records by requiring that copies of protected health information (PHI)—which includes personal medical details like diagnoses and treatments—be provided free of charge in most cases. This builds on existing privacy laws to reduce financial barriers to obtaining personal health data.
Key Provisions
- Free Access to PHI: Individuals can request and receive a copy (or a summary/explanation) of their PHI at no cost from health care providers. If requested, this can also be provided directly to another health care provider or a family caregiver (someone who helps with medical care).
- Exceptions for Fees: Providers may only charge a fee in limited situations:
- For a duplicate copy or summary provided earlier in the same calendar year.
- For a non-electronic (e.g., paper) copy when the provider has already made the information available for free via an online portal.
- Transmission to Other Providers: When sending PHI to another provider at the patient's request, the sending provider must use a format that is easy for the receiving provider to use, and no fee can be charged.
- Limitations: The law does not require free copies for a patient's attorney.
- Implementation: The Secretary of Health and Human Services (HHS) must issue or update regulations within six months of enactment. The changes take effect 180 days after the law is passed.
Significant Changes to Existing Law
This bill amends the Health Information Technology for Economic and Clinical Health (HITECH) Act, part of the broader Health Insurance Portability and Accountability Act (HIPAA) framework. Under current rules (in 45 CFR 164.524), providers could charge "reasonable, cost-based" fees for copies of PHI, such as for copying, mailing, or staff time. The new law restricts fees to only the specified exceptions, effectively making initial electronic or first-time requests free and promoting digital access over paper formats.
Potential Impacts
- On Citizens: Patients will likely face fewer costs and barriers when accessing their health records, empowering them to manage their care, share information with doctors, or make informed decisions. This could reduce out-of-pocket expenses, especially for those requesting records multiple times.
- On Government Agencies: HHS will need to update HIPAA regulations and guidance, potentially requiring resources for enforcement and provider education. No direct impact on international relations is evident.
- On Health Care Providers: Providers may see increased requests for records, necessitating improvements in online portals and electronic systems. While this promotes efficiency, it could initially raise administrative costs without fee recovery in many cases.
Main Stakeholders Affected
- Patients and Individuals: Primary beneficiaries, gaining easier and cheaper access to personal health data.
- Health Care Providers: Including hospitals, doctors' offices, and clinics, who must comply with the no-fee rules and adapt systems for free electronic access.
- Family Caregivers and Other Providers: Can receive records on behalf of patients without fees, facilitating coordinated care.
- HHS and Regulators: Responsible for implementing and overseeing the changes to ensure HIPAA compliance.
- Attorneys and Legal Professionals: Indirectly affected, as they may need to pay for copies when representing patients.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens patient rights under HIPAA by limiting fee-based barriers, aligning with federal emphasis on health data portability. It does not alter core privacy protections but clarifies access rules, potentially reducing disputes over "reasonable" fees. No changes to liability for providers are introduced.
- Constitutional: No apparent conflicts with constitutional principles, such as privacy rights under the Fourth Amendment or due process; it enhances individual access without infringing on provider operations.
- Political: Supports broader goals of health care transparency and equity, particularly for underserved populations facing record access costs. As a bipartisan bill (introduced by Reps. Foster and Beatty), it reflects consensus on patient-centered reforms amid ongoing debates on health privacy and technology.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-03-04: Referred to the House Committee on Energy and Commerce.
- 2026-03-04: Introduced in House
- 2026-03-04: Introduced in House
Bill Versions
- Medical Records Access Fairness Act of 2026 — issued 2026-03-04 — PDF (4 pages)