Chapter 93A of the General laws is hereby amended by adding the following section:-
Section 115. (a) As used in this section, “health care provider” shall mean, unless the context clearly requires otherwise, a person or entity providing medical care or services, including, but not limited to, physicians, surgeons, therapists, dentists, nurses, optometrists, chiropractors, psychologists and podiatrists.
(b) A provision in a contract regarding the storage, maintenance, conversion, digitization or usage of patient medical records that authorizes a person or entity other than the patient to whom the medical records refer, or that patient’s authorized representative, to deny a health care provider access to the patient’s medical records shall be void and unenforceable as contrary to public policy. A waiver by a health care provider of this section shall be deemed void and unenforceable as contrary to public policy.
(c) Willfully denying or threatening to deny a health care provider access to the electronic medical records of its patient, except as otherwise authorized by law, shall constitute an unfair or deceptive act or practice under chapter 93A.
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