how much can i charge attorney for medical records

by Prof. Elmira Wuckert MD 6 min read

When the patient requests his or her own medical records, California law (Health & Safety Code §123110) allows health care providers to charge a patient or their legal representative a maximum of $0.25 per page or $0.50 per page for records copied from microfilm.

Full Answer

Do you have to charge attorney fees for medical records?

Sep 18, 2018 · When it comes to requests from patients, or their personal representatives, HIPAA limits you to charging the patient a reasonable, cost …

How much does it cost to get a copy of medical records?

Feb 15, 2018 · However, this fee cannot exceed $6.50, including postage, labor and supplies. Copy Charges Not Allowed It is just as important to know when a patient cannot be charged for a copy of their medical records.

Can I charge per page fees for electronic copies of records?

If the requested records are stored on any microform or other electronic medium, a retrieval or processing fee, which must include the fee for providing the first 10 pages of the copies and which may not exceed $69.74, and: $1.54 per page thereafter.

Can a healthcare provider charge a retrieval fee for medical records?

A fee of up to $1.00 may be charged for each year of records requested; Florida Statutes 395.301, Itemized Patient Bill. The facility may not charge the patient for making such verification records available; however, the facility may charge its usual fee for providing copies of records as specified in s. 395.3025.

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How much can you charge for copying medical records in Florida?

The exclusive charge for copies of patient records may include sales tax and actual postage, and, except for nonpaper records that are subject to a charge not to exceed $2, may not exceed $1 per page. A fee of up to $1 may be charged for each year of records requested.

How much can a provider charge for medical records in Florida?

Can a healthcare practitioner charge for records? Yes. Section 456.057, Florida Statutes, allows a health care practitioner to charge no more than the actual cost of copying, which may include reasonable staff time or an amount designated by rules provided by the regulatory board.

How much can you charge for medical records in California?

25 cents per pageCan a doctor charge me for copies of my medical records or x-rays? Yes, pursuant to Health & Safety Code section 123110, a doctor can charge 25 cents per page plus a reasonable clerical fee.

How much can you charge for electronic medical records in Florida?

A licensed facility, health care practitioner, or an entity fulfilling a request on behalf of a facility or practitioner has the option to charge a flat fee of no more than $6.50 to provide an electronic copy of patient records and reports that are maintained electronically.Mar 29, 2017

Can a doctor refuse to release medical records?

Under HIPAA, they are required to provide you with a copy of your health information within 30 days of your request. A provider cannot deny you a copy of your records because you have not paid for the health services you have received.

Who owns medical records in Florida?

Fla. Stat. § 456.057: Defines "records owner" as any health care practitioner who generates a medical record after treating patient, any health care practitioner to whom records are transferred by a previous owner, or any health care practitioner's employer.Aug 20, 2015

How long do you legally have to keep medical records in California?

1. How long must medical records be retained under California law? In short, medical records must be retained at a minimum for seven (7) years in compliance with state law.

Who owns medical records in California?

The state of California is one of the states that clearly states a patient's medical records belong to the hospital and/or physician. California law requires medical records for hospital patients be kept for at least seven years. These health records must be authorized by licensed health care professional.

How long do doctors keep medical records in California?

In California, where no statutory requirement exists, the California Medical Association concluded that, while a retention period of at least 10 years may be sufficient, all medical records should be retained indefinitely or, in the alternative, for 25 years.

What is Hipaa Florida?

In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA). One component of HIPAA was to streamline the process to exchange information and to make health information more readily accessible to patients.Oct 15, 2019

Why is the Hitech Act important?

The HITECH Act was created to motivate the implementation of electronic health records (EHR) and supporting technology in the United States. President Obama signed HITECH into law on February 17, 2009 as part of the American Recovery and Reinvestment Act of 2009 (ARRA), an economic stimulus bill.Nov 5, 2020

Can next of kin access medical records?

A next of kin cannot give or withhold their consent to the sharing of information on a patient's behalf. As next of kin they have no rights of access to medical records.

Can I charge an attorney for a medical record?

Generally, you can charge an attorney whatever your state law permits you to charge for requests for medical records – even if that fee would exceed the HIPAA cost -based rate. In a common scenario, an attorney represents a patient that your agency transported, and the attorney wants a copy of their client’s patient care report.

Do HIPAA agencies charge for medical records?

Or, some agencies only charge attorneys, but not patients. That’s OK. HIPAA does not require agencies to charge a fee for medical records, and HIPAA does not require that you waive fees for attorneys if you waive fees for patients.

How much does a health care provider charge for a copy of a medical record?

However, this fee cannot exceed $6.50, including postage, labor and supplies.

What is the HIPAA Privacy Rule?

According to the Privacy Rule , below are the guidelines that health care providers must follow.

Can you charge per page fees for electronic medical records?

In other words, per page fees are not permitted for paper or electronic copies of medical records maintained electronically. Nor does the Privacy Rule allow for charging a retrieval fee of the medical records if they must be located.

Can you charge for a copy of a medical record?

Patients have a right to review their medical record and/or obtain a copy and healthcare providers are typically allowed to charge a fee for this service. However, with all the different rules and exceptions, copying fees can be confusing.

Do medical records need to be released?

Keep in mind that to protect patient confidentiality, medical records should only be released with a written authorization from the patient (if living) or their legal representative (if the patient is deceased or incompetent). Knowing when to follow the correct law is not always easy.

Can a medical provider charge a fee for copies of medical records?

When the patient requests his or her own medical records, some states allow health care providers to charge a patient or their legal representative a fee per each page copied. Some states also allow health care providers to charge a reasonable clerical fee.

Kentucky

The first copy of records is FREE to the patient (per dates of service requested). The second copy of records requested by the same patient for the same dates of service: $1.00 per page

Massachusetts

Search Fee: $25.01 Pages 1 - 100: $0.84 per page Pages 100+: $0.43 per page Social Security: No charge for a request to support a claim under the social security act. Must provide proper documentation.

Nevada

Pages 1+: $0.60 per page X-rays and other media: Reasonable fees may be charged

New Hampshire

Charges are based on which is greater: $15 flat fee for first 30 pages or $0.50 per page X-rays and other media: Reasonable fees may be charged

New York

Pages 1+: $0.75 per page X-rays and other media: Actual cost of reproduction

Arkansas

Reasonable fees for retrieval of hospital, physicians' records, or EMS records if those records are stored off-site.

Maryland

Per-page fee is 75% of the per-page fee for paper records, capped at $80.00 total.

Rhode Island

Actual cost and reasonable fees for non-photocopiable records, capped at $25.00.

What is the actual cost of reproducing non-written records such as x-rays?

The phrase “actual costs” means the cost of the material and supplies used to duplicate the record, as well as the labor costs and overhead costs associated with such duplication.

How much is a non paper record?

Non-paper records not to exceed $2.00 per page. Paper records not to exceed $1.00 per page. A fee of up to $1.00 may be charged for each year of records requested.

Can you charge for copies of medical records in Florida?

Below is the Florida state statute which controls the amount of money that doctors, hospitals, and other health care providers can charge for copies of medical records provided to the patient or the patient’s attorney for use in personal injury or wrongful death civil cases.

Who can charge for copies of medical records?

Except as otherwise provided by law, a health care provider or contractor may charge a person who requests copies of medical records a reasonable fee for the production of the records. Except as necessary for continuity of care, a health care provider or contractor may require the payment of any fees in advance.

What is the law in Arizona regarding copying medical records?

Below is the Arizona state statute which controls the amount of money that doctors, hospitals, and other health care providers can charge for copies of medical records provided to the patient or the patient’s attorney for use in personal injury or wrongful death civil cases.

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Alabama

  • The HIPAA Privacy Rule requires medical practices to provide patients, upon request, with access to medical information about them maintained by the practice. HIPAA also imposes limits on the fees that can be charged to patients to access their own records. Under HIPAA, the amount of money that a practice may charge for copies of a patient’s medica...
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California

Colorado

Delaware

Florida

  • Search Fee: $4.00 (or $6.00 depending on requestor) Evidence Fee: $15.00 Pages 1+: $0.10 per page Microfilm: $0.20 per page Cal. Evid. Code § 1158 (2), Cal. Evid. Code § 1563 (6)
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Georgia

  • Search Fee: $18.53 flat fee (First ten pages) Pages 11 - 40: $0.85 per page Pages 41+: $0.57 per page Microfilm: $1.50 per page 6CCR 1011-1 Chapter 2 Part 5.2.3.4
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Illinois

  • Pages 1 - 10: $2.00 per page Pages 11 - 20: $1.00 per page Pages 21 - 60: $0.90 per page Pages 61+: $0.50 per page Microfilm and other media: Actual cost of reproduction Delaware Administrative Code, Title 24: Chapter 1700, Section 29 Worker's Comp: Search Fee: $25.00 Pages 1 - 20: $1.25 per page Pages 21 - 60: $0.90 per page Pages 61+: $0.30 per page 19 Del.C. 2322B…
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Indiana

  • Search Fee: $1.00 (Per year per request) Pages 1+: $1.00 per page Microfilm: $2.00 per page Statute 395.3025 (1) Worker's Comp: Pages 1+: $0.50 per page 69L-7.601
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Iowa

  • Search Fee: $25.88 Pages 1 - 20: $0.97 per page Pages 21 - 100: $ 0.83 per page Pages 101+: $0.66 per page Certification Fee: $9.70 O.C.G.A. 31-33-3 Worker’s Comp: Search Fee: $30.00 flat fee (first 150 pages) Pages 151+: $0.20 per page X-rays: $9.50 per copy Page 15 Section IV
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Kansas

  • Search Fee: $29.09 Pages 1 - 25: $0.56/page Pages 26 - 50: $0.37/page Pages 50+: $0.19/page Microfilm or other media: $1.82 per page Worker’s Comp: Search Fee: $20.00 flat fee 735 ILCS 5/8-2005
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Alabama

  • Search Fee: $20.00 flat fee (first 10 pages) Pages 11 - 50: $0.50 per page Pages 51+: $0.25 per page Affidavit/Certification: $20.00 760 IAC 1-71-3(a)
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Arkansas

  • A reasonable fee may be charged. Iowa Code Section 622.10 Worker's Comp: Search Fee: $20.00 flat fee (first 20 pages) Pages 21 - 30: $1.00 per page Pages 31 - 100: $0.50 per page Pages 101 - 200 : $0.25 per page Pages 200+: $0.10 § 876.8.9
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California

  • A reasonable fee may be charged. K.S.A. 65-4971(b) Worker's Comp: Flat Fee Pages 1 - 10: $16.00 Flat Fee Pages 11-50: $12.00 ($28.00 total) Pages 51+: $0.35 per page Xrays: $5.00 per image WC - page 369
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Colorado

  1. Limit on Fees Mandated by State Law
  2. Search Fee/ Labor Charge/ Processing Charge
  3. Copy Fees for First Pages
  4. Copy Fees for Additional Pages
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Connecticut

  1. Limit on Fees Mandated by State Law
  2. Search Fee/ Labor Charge/ Processing Charge
  3. Copy Fees for First Pages
  4. Copy Fees for Additional Pages
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Delaware

  1. Limit on Fees Mandated by State Law
  2. Copy Fees for First Pages
  3. Reproduction Costs
  4. Electronic Records
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Georgia

  1. Limit on Fees Mandated by State Law
  2. Search Fee/ Labor Charge/ Processing
  3. Copy Fees for First Pages
  4. Copy Fees for Additional Pages
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Indiana

  1. Limit on Fees Mandated by State Law
  2. Copy Fees for First Pages
  3. Additional Fees and Costs
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Iowa

  1. Limit on Fees Mandated by State Law
  2. Search Fee/ Labor Charge/ Processing Charge
  3. Copy Fees for First Pages
  4. Copy Fees for Additional Pages
See more on therecordsco.com

Kentucky

  1. Limit on Fees Mandated by State Law
  2. Search Fee/ Labor Charge/ Processing Charge
  3. Copy Fees for First Pages
  4. Copy Fees for Additional Pages
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