Committee holds bill to require one free medical-record copy for Social Security disability claims

The House Health and Welfare Committee on Thursday held Senate Bill 1087 after two tied roll-call votes, leaving the measure in committee.

The bill, sponsored in the House by Representative Josh Wheeler (R-35) and carried in the Senate by Senator Doug Ricks (R-34), would require health-care providers to furnish one free copy of a patient's medical records — physical or mental — when the records are needed to support a documented claim or appeal under the Social Security Act. The measure includes a carve-out for independently owned providers with fewer than 50 employees and requires providers to fulfill requests within 30 days and prioritize electronic delivery where possible.

“The bill … will ensure that Idaho patients have timely and cost free access to critical medical records while pursuing their Social Security benefits,” Representative Josh Wheeler said in his presentation to the committee.

Sponsor Senator Doug Ricks described the problem as arising in part from large out‑of‑state companies that contract with hospitals to aggregate records and charge per‑page fees. “They've attached, what I feel is excessive fees for those,” Ricks said, and said the bill attempts to narrow the requirement to disability claims to avoid imposing broad new burdens on providers.

Trade group testimony and opposition

Kate Haas of Kestrel West, representing the Alliance for Health Information Operations and Standards (AHEOS), told the committee that her group does not oppose this narrowed version. “We appreciate the work that Senator Ricks has done and we are not opposing this bill,” Haas said, noting past versions of the legislation had been broader and more contentious.

Former Representative Greg Furch, testifying remotely in opposition, said he objected to the state mandating services by private companies and warned of passing costs to other payers. “I am not certain that increasing the regulation like that fits with the … emphasis on deregulation,” Furch said, adding that rising software and postage costs affect providers’ operating expenses.

Committee debate and practical questions

Committee members pressed sponsors on several practical points: whether patients could instead request records themselves and deliver them to attorneys, who typically request records for Social Security appeals, and how the bill would draw the line between a mere filing and a qualifying disability claim. Representative Wheeler and proponents said, based on experience, the process often requires attorneys and that the third‑party request pathway and fees can create barriers for claimants who have lost income.

Representative McCann, who moved to send the bill to the floor with a due‑pass recommendation, argued advocates and practicing attorneys told the committee some claimants cannot complete the process without assistance. Representative Furman described the per‑page fees in the sponsor’s exhibits and criticized them as excessive.

Votes and outcome

A motion to hold the bill in committee (substitute motion by Representative Kaler) failed on a 6‑6 tie with three members absent. A subsequent roll call on a motion to send Senate Bill 1087 to the House floor with a due‑pass recommendation likewise failed on a 6‑6 tie with three members absent. The committee chair announced that Senate Bill 1087 will remain held in committee.

Votes at a glance (final roll call on sending to the floor): Chairman Van de Oude: Nay; Representative Redmond: No; Representative Wheeler: Yes; Representative Beissinger: No; Representative Bergoyne: No; Representative Kaler: No; Representative Furman: Yes; Representative Leavitt: No; Representative McCann: Yes; Representative Rasor: No; Representative Rubell: Yes; Representative Egbert: Yes. The roll call summary announced by the secretary was 6 ayes, 6 nays, 3 absent.

Why it matters

Proponents said the bill would reduce out‑of‑pocket costs for disabled Idahoans pursuing Social Security benefits and address what sponsors described as exploitative per‑page charges by third‑party aggregators. Opponents warned the mandate could shift costs across the health system and said market pressures and rising overhead make price caps problematic.

Next steps

Because the committee did not pass the measure to the floor, the bill remains in committee for further work or amendment.