Medical Record Copying Fee
The current medical record copying fee is
- A preparation fee of $22.18
- a copying charge of $.73 per page
- plus the actual cost of shipping and handling. On October 1, 1994 the law stating what physicians may charge for preparation and
production of medical records became law.
The Law
This law caan be found in the Health-General Article §
4-304(c)(3) excerted below:
- (2) A health care provider may require a person in interest or any other authorized person who requests a copy of a medical record to pay the cost of copying:
(i) For State facilities regulated by the Department of Health and Mental Hygiene, as provided in § 10-621 of the State Government Article; or
(ii) For all other health care providers, the reasonable cost of providing the information requested.
- (3) (i) Subject to the provisions of paragraph (4) of this subsection, for a copy of a medical record requested by a person in interest or any other authorized person under paragraph (2)(ii) of this subsection, a health care provider may charge a fee for copying and mailing not exceeding 50 cents for each page of the medical record.
(ii) In addition to the fee charged under subparagraph (i) of this paragraph, a hospital or a health care provider may charge:
1. A preparation fee not to exceed $15 for medical record retrieval and preparation; and
2. The actual cost for postage and handling of the medical record.
- (4) On or after July 1, 1995, the fees charged under paragraph (3) of this subsection may be adjusted annually for inflation in accordance with the Consumer Price Index.
(5) (i) Except as provided in subparagraph (ii) of this paragraph, a health care provider may charge a fee, as authorized under paragraphs (3) and (4) of this subsection, for the retrieval, copying, preparation, mailing, and actual cost of postage and handling of a medical record disclosed under § 4-306 of this subtitle.
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The law allows that these fees may be adjusted annually for inflation using the Consumer Price Index on July 1 of each year. Unfortunately, kdue to the economy in 2009 the rates remained the same as 2008.
The statute does not designate an entity to compute
the increases. Since 1995 MedChi has calculated and published the appropriate adjustment, not in any official capacity, but as a service to its members and the Maryland public.
- Physicians may demand payment of fees and charges before turning the records over to a patient or other authorized person (such as the patient's parent, guardian or lawyer).
- The law does not however authorize any practitioner to withhold production of the medical records until the fees for medical services themselves have been paid.
- Production may not be withheld under an emergency request from a
state or local governmental unit concerning a child protective services or adult protective services case pending payment.
- No fee may be charged to transfer the records of a Medicaid recipient to another provider.
- A physician may not charge a governmental agency that subpoenas medical records but may charge private parties.
Important Change in Medical Records Law
Effective 2/17/10
A change in medical records law will become effective on February 17, 2010, as a result of the passage of the federal HI-TECH law in 2009.
On that date, if a medical practice is using an electronic medical records system, it must provide a patient requesting his or her medical record with a copy in electronic format, if the patient so requests.
The charge for the copy provided can be no more than the actual labor costs incurred by the practice in responding
to that request.
