what can you charge an attorney for medical records in the state of wa

by Buddy Adams Sr. 9 min read

Washington WAC 246-08-400 $26.00 searching and handling fee $1.17 per page for the first 30 pages $0.88 cents per page for all other pages If the provider personally edits confidential information from the record, as required by statute, the provider can charge the usual fee for a basic office visit

Full Answer

Can a hospital charge for copies of medical records in Washington?

WAC 246-08-400. $26.00 searching and handling fee. $1.17 per page for the first 30 pages. $0.88 cents per page for all other pages. If the provider personally edits confidential information from the record, as required by statute, the provider can charge the usual fee for a basic office visit.

Do you have to charge attorney fees for medical records?

Aug 07, 2020 · No more than one dollar and twenty-four cents ($1.24) per page for the first thirty pages; b. No more than ninety-four ($.94) cents per page for all other pages. (2) Additional charges: a. The provider can charge a twenty-eight ($28.00) dollar clerical fee for searching …

How much can a provider charge for a copy of WAC?

Sep 07, 2017 · Allowable charges for copies of medical records. Chapter 70.02 RCW sets regulations regarding health care information access and disclosure. RCW 70.02.010 (37) defines the “reasonable fee” that may be charged for duplicating or searching the record. It requires the …

Can a patient’s attorney request copies of their medical records?

The amounts a provider may charge is set by the Department of Health, and changes frequently. Until June 30, 2015, a provider is permitted to charge a $24 clerical fee for each request, plus …

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How much can you charge for medical records in Washington?

(a) The provider can charge a twenty-eight dollar clerical fee for searching and handling records; (b) If the provider personally edits confidential information from the record, as required by statute, the provider can charge the usual fee for a basic office visit.

Is charging a fee for copying the medical records ethical?

If patients ask for copies of their electronic protected health information (PHI), the fees you charge must be reasonable and cost-based, according to federal and state regulations.Mar 7, 2018

Can my GP charge me for a copy of my medical records?

You shouldn't generally charge patients if they ask for a copy of their records. Under data protection law, patients have a right of access to their personal data - including their medical records. They can ask for a copy of this data by making a subject access request.Dec 16, 2021

How do I get my medical records in Washington state?

To learn what's required to obtain your medical records, call the provider's office or visit the health information management (HIM) department. Authorization forms may also be available online. When picking up your records, be sure to bring a government-issued photo ID.

What is the price of a health record Hipaa?

A covered entity may charge individuals a flat fee for all requests for electronic copies of PHI maintained electronically, provided the fee does not exceed $6.50, inclusive of all labor, supplies, and any applicable postage.

Can you charge CIOX for records?

The Ciox ruling

The impact of this ruling is that healthcare providers can set their own charges for requests made by: (1) a patient, when the patient directs the records to be sent to a third party, or (2) third parties (with valid authorization).

How much does it cost to transfer medical records in Ontario?

The fee amount that may be charged to an individual shall not exceed $30.00 for any of the following; Receipt and clarification, if necessary, of a request for a record.Apr 23, 2019

Do you have to pay for a copy of your medical records UK?

No. Under General Data Protection Regulation (GDPR) accessing your medical records is free.

Can doctors charge for medical records in Ontario?

Fees for Copies and Transfer of Medical Records

As such, physicians are entitled to charge patients or third parties a fee for obtaining a copy or summary of their medical record.

How long is a doctor required to keep medical records in Washington state?

10 years
Washington State Law requires hospitals to retain medical records which are related to the care and treatment of the patient for a period of not less than 10 years following the most recent discharge.

How long do doctors keep medical records in Washington state?

ten years
1 The Commission concurs with the Washington State Medical Association recommendation that practitioners should retain medical records and x-rays for at least: a. ten years from the date of a patient's last visit, prescription refill, telephone contact, test or other patient contact; b.

How long are mental health records kept in Washington state?

(2) All records must be retained for at least eight years following the last professional contact with the client(s). In the case of minors under the age of eighteen, the records must be retained until the client reaches the age of twenty-two or for eight years, whichever is longer.

What is the law on medical records?

RCW 70.02.010 (38) allows health care providers to charge medical records copy fees for searching and duplicating health care records. The law requires a biannual adjustment on those rates, and the Department of Health recently adopted new rates that become effective on May 28, 2020.

Does Adler Giersch have an electronic record system?

These new rates do not overrule or bypass the HITECH law, which prohibits a health care provider from charging the per page fee in Washington for paper copies if the electronic format is available and if the request is signed by the patient. At Adler Giersch, our offices have transitioned into an electronic record system and much prefer receiving records in an electronic format. It saves time for us and money for our clients/your patients.

Allowable charges for copies of medical records

Chapter 70.02 RCW sets regulations regarding health care information access and disclosure. RCW 70.02.010 (37) defines the “reasonable fee” that may be charged for duplicating or searching the record. It requires the Secretary of Health to adjust the amounts biennially in accordance with changes in the Consumer Price Index.

Guidance for HIPAA-covered entities

HIPAA-covered entities as defined in 45 C.F.R. Sec. 103 may not charge fees or costs that are not authorized by, or are prohibited by, federal HIPAA regulation 45 C.F.R. Sec. 164. The U.S. Department of Health and Human Services provides guidance on what charges are allowed under HIPAA regulations. For guidance, please see:it:

What is the right to access medical records in Washington?

Your right to your medical records is ensured by the federal law known as the Health Insurance Portability and Accountability Act (HIPAA). The state of Washington further guarantees this right through the Washington State Healthcare Information Act. These laws not only allow you access to your medical records, but also place restrictions on how ...

How to request medical records?

Most healthcare providers have their own procedure for requesting medical records. Typically, the request must be in writing, and the provider will often require the use of a specific form. You will typically be asked to provide certain personal information, which may include: 1 Your name and maiden name (if applicable). 2 Social Security number. 3 Date of birth. 4 Medical record number. 5 Address, phone number, and email address. 6 Which records you are requesting. You can request the whole record or parts of it. Keep in mind that records can be hundreds of pages long, and obtaining all of it could be expensive. 7 The date of the request. 8 The months and years you were under the provider’s care. 9 How you intend to receive the records (a hard copy, fax, email, CD, DVD, USB flash drive, etc.). 10 Signature. 11 The name and contact information of another party who is to receive the records (only if you are having the records sent to another person).

What information do you need to request medical records?

You will typically be asked to provide certain personal information, which may include: Your name and maiden name (if applicable).

What forms of medical records should be made available to you?

All forms of medical records should be made available to you. This includes electronic records, paper records, and records in any other format. You may examine your medical records and/or have a copy made and provided to you.

Can a minor get medical records?

In most cases, you may obtain the records of your minor (younger than 18) child. You may also obtain the records of any person for whom you are authorized to consent to health care. A patient’s attorney is allowed to obtain a copy of the patient’s medical records.

When a patient's attorney requests copies of the patient's medical records, the request most likely is being made

When a patient’s attorney requests copies of the patient’s medical records, the request most likely is being made “on behalf and at the direction of” the patient. A practice should confirm this assumption and make sure the request meets the listed requirements before releasing the medical record. But assuming these conditions are met, we recommend that practices apply the HIPAA fee limitations to requests from the patient’s attorney. Our recommendation is based on two factors:

Who is responsible for enforcing HIPAA?

The Office for Civil Rights (OCR), the federal agency charged with enforcing HIPAA, most likely will interpret the regulations in this manner.

What is the privacy rule for a personal representative?

The Privacy Rule states that a personal representative (for example, someone with a health care power of attorney or a child’s parents) must be treated like the patient, so the fee limitation also applies to requests from a personal representative.

What is HIPAA Privacy Rule?

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.

Is it risky for a medical practice to impose higher fees?

We believe , however, that despite this guidance, it would be risky for a medical practice to impose higher fees in these circumstances. OCR has expressed concern about physicians attempting to circumvent the access fee limitations by treating individual requests for access like other HIPAA disclosures, such as by having an individual fill out a HIPAA authorization when the individual requests access to their medical information (including to direct a copy of the medical information to a third party). OCR has also stated that when the form of a request from a third party does not make clear whether the request is a request for access initiated by the patient or merely a HIPAA authorization to disclose PHI to the third party, the medical practice may clarify whether the request was directed by the patient. Given these statements from OCR and the nature of the relationship between the patient and their attorney, we think it becomes hard to argue that the request from the legal representative should not be treated like a request from the individual.

Can an attorney request a patient's medical records?

In some cases, a patient’s attorney may directly request the patient’s medical records pursuant to a HIPAA authorization. One of OCR’s regional offices did provide guidance in 2015 that the fee limitations would not apply under these circumstances, as the right to access applies to a patient or their personal representative, not the patient’s legal representative. Under this view, the request by the attorney accompanied by an authorization is not a request for access by the individual.

How to request a copy of a medical record?

Typically, the attorney sends a request on their letterhead asking for a copy of the patient’s medical record, and the request includes an authorization signed by the patient permitting you to release the record to her attorney.

What does an attorney want from a patient?

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. For example, let’s say the patient you transported was in a motor vehicle accident and she is now suing the other driver for her injuries. The patient’s attorney would want a copy of the patient’s trip report to prove those injuries.

What is PWW law?

For over 20 years, PWW has been the nation’s leading EMS industry law firm. PWW attorneys and consultants have decades of hands-on experience providing EMS, managing ambulance services and advising public, private and non-profit clients across the U.S.

Can you charge a fee for a copy of a patient's medical records?

Or, if the patient is simply asking you to send a copy of her records to her, then you can only charge the patient a cost-based fee for that record. Here, the request is coming from the patient.

Can you charge for medical records?

When it comes to requests from patients , or their personal representatives, HIPAA limits you to charging the patient a reasonable, cost-based fee for the medical records request. You can only charge patients for the cost of:

Can a lawyer request medical records?

Lawyer requests for medical records are not limited by HIPAA cost-based fees

Do hospitals charge for medical records?

Some agencies choose not to charge patients or attorneys anything for medical record requests. 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. HIPAA simply limits the fees you can charge to patients when patients, or their authorized personal representatives, make the request for medical records.

How much does a health care provider charge for copying medical records?

The health care provider may impose a minimum fee of up to $10.00, inclusive of copying costs. Fees are inclusive of searching, handling, copying, and mailing medical records to the patient or the patient's designated representative.

How much does a medical record cost?

No more than $0.60 per page for paper copies of medical records.

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

A copying fee, not to exceed one dollar ($1) per page, may be charged by the health care provider for furnishing a second copy of the patient's medical record upon request either by the patient or the patient's attorney or the patient's authorized representative.

How much is the search fee for a patient?

A search fee of no more than $10.00 per patient per request. (Although the patient may have had more than one admission, and thus more than one record is provided, only one search fee shall be permitted for that request. The search fee is permitted even though no medical record is found as a result of the search.)

How much does a photocopy cost?

Cost of each photocopy, excluding x-rays, shall not exceed $0.50 per page for the first 25 pages $0.25 for each additional page over 25 pages

Can a reasonable fee be charged in Arizona?

ARIZONA. A reasonable fee may be charged. Providers may not charge fees when providing information from the medical records to another health care provider, a patient , or a patient’s decision maker when the information is sought in relation to providing or obtaining care.

Can a healthcare practitioner charge for duplicates?

The facility or healthcare practitioner may, however, charge for the reasonable cost of all duplication of record material or information that cannot routinely be copied or duplicated on a standard commercial photocopy machine such as X-ray films or pictures.

What is copying fee?

Copy fees generally cover the time and labor involved with copying. Some states levy a separate fee for "reproduction costs" which cover materials used for copying (i.e. paper, ink, etc.). Some states set copying fees at tiered rates based on number of pages copied.

Do providers charge reasonable fees for supplies?

Providers may charge additional reasonable fees for supplies and labor.

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Alabama

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Search Fee: $5.00 Pages 1 - 25: $1.00 per page Pages 26+: $0.50 per page X-rays / Other Media: Actual cost of reproduction Per Section 12-21-6.1 Alabama Code Reproduction
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California

  • 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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Colorado

  • 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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Delaware

  • 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 p...
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Florida

  • 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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Georgia

  • 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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Illinois

  • 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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Indiana

  • 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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Iowa

  • 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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Kansas

  • 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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