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HB 1961

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2025 Regular Session

Arkansas allows providers to withhold a patient’s medical records for up to 30 days to review results and discuss them with the patient, to prevent harm, then release promptly.

Approved by Governor
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Bill Summary · HB 1961

Summary — HB 1961 (Arkansas, 95th General Assembly, 2025)

Status: Approved by the Governor. Emergency clause; effective July 1, 2025.
Primary sponsors: Rep. Achor; Sen. J. Boyd.

Purpose

HB 1961 creates a narrow, temporary state-level allowance for medical providers to withhold a patient’s electronic medical records from direct release to the patient (or an individual the patient has authorized) for up to 30 days in order to protect the patient’s health and safety while the provider reviews and prepares to explain potentially harmful or confusing information. The bill amends Arkansas law to add a new statutory section and modifies a related provision governing access to medical records in legal proceedings.

Key provisions

  • Adds Arkansas Code § 20-9-106 — “Temporary exemption from federal information‑blocking regulations”:

    • Defines “information‑blocking” consistent with 45 C.F.R. Part 171 and defines “medical provider” as a person licensed/certified/authorized under state law to provide health care.
    • Permits a medical provider to withhold a patient’s medical records from direct release for up to 30 days if all three conditions are met:
    • The provider reasonably believes immediate disclosure could cause the patient to misinterpret information in a way that adversely affects the patient’s mental or physical health or safety;
    • The provider needs time to review the results or information and prepare a treatment plan; and
    • The provider schedules, or makes a good‑faith effort to schedule, a timely discussion with the patient to explain and interpret the records.
    • Limits withholding to the minimum reasonable time necessary; must stop immediately after the discussion occurs or when release is no longer a risk.
    • States that, upon completion of the discussion, all applicable federal and state information‑blocking laws apply and records must be released promptly in compliance with those laws.
    • Clarifies what the section does not do: it does not permit withholding beyond the temporary period; does not exempt providers from other laws/regulations governing records; does not create a cause of action for exercising the provision in good faith; and does not prohibit release under § 16‑46‑106.

  • Amends Arkansas Code § 16-46-106(e)(1):

    • If a doctor believes a patient should be denied access to records, the doctor must provide the patient (or guardian/attorney) a written determination that disclosure would be detrimental and must comply with § 20‑9‑106.

  • Emergency clause: Act declared necessary for public health and safety; effective July 1, 2025.

Who is affected

  • Medical providers licensed in Arkansas (physicians and other licensed/certified healthcare practitioners).
  • Patients and individuals authorized by patients to receive medical records.
  • Entities involved in medical-record release and legal access procedures (healthcare facilities, medical records custodians, attorneys for patients).

Potential impacts and considerations

  • Intended to reduce patient harm from misunderstanding complex or sensitive medical results by giving providers short, structured time to prepare counseling and treatment plans.
  • Establishes a clear 30‑day maximum and procedural conditions to limit indefinite withholding.
  • The statute attempts to coexist with federal information‑blocking rules (45 C.F.R. Part 171) by specifying exceptions and requiring prompt release after counseling; however, providers should assess federal compliance and enforcement risk when relying on the state provision.
  • The law explicitly does not create a private right of action for patients when providers act in good faith under this section.

Citations

  • New Arkansas Code § 20‑9‑106 (Temporary exemption from information‑blocking regulations).
  • Amended Arkansas Code § 16‑46‑106(e)(1) (written determination requirement).

Compiled from official sources — confirm details with the bill’s official record.

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