2014 Delaware Code
Title 10 - Courts and Judicial Procedures
CHAPTER 39. PLEADING AND PRACTICE
§ 3926. Production of records, jurisdiction

(a) Prompt production of records. — A health care provider who receives an appropriate authorization duly signed by an existing or former patient, guardian or personal representative, shall produce a true and correct complete copy of the requested medical records, which shall be produced in a reasonably legible fashion within 45 days of receipt of the request. The health care provider's fee for copying the records shall be reasonable. If prepayment is required by the health care provider, written notice of prepayment shall be provided to the requesting party within 14 days of the receipt of the original request. Upon payment of any prepayment charge, the health care provider shall produce the requested records within the latter of 14 days of receiving payment or 45 days of receipt of the original request.

(b) A health care provider may object in writing to production of the records for good cause. Any objection must state the grounds for failure or refusal to comply with the records request and must be served on the requesting party within 30 days of the date of receipt of the request. Said objection, if found to be for good cause, shall serve to toll the time period allowable for production of records.

(c) Failure or refusal to produce medical records pursuant to this section shall result in a civil penalty not to exceed $25 per day for every business day the records are delinquent in being produced in addition to any other sanctions deemed appropriate by the Court, provided however, that motion to the Court to enforce compliance by court order must be made by the requesting party no later than 60 days from the date of the original request. If the records produced are incomplete, the requesting party shall have a reasonable time following discovery of the missing records in which to file a motion with the Court for enforcement of this section.

(d) If the requesting party is a plaintiff in a complaint pending before a court of competent jurisdiction alleging health care negligence, this statute shall not apply to any request for medical records served on a named defendant(s) in that litigation.

(e) The Superior Court shall have jurisdiction over this section and shall schedule such matters on an expedited basis.

74 Del. Laws, c. 148, § 3.;