SB 606

Present law generally requires a party requesting a patient's records to be responsible for the reasonable costs of copying and mailing the patient's records. The following charges are presumed reasonable:  A fee of $18, which includes the first five pages of the medical record and a per page charge of 85¢ a page for the sixth page, up to and including the 50th page.  60¢ a page for the 51st page up to the 250th page and 35¢ a page for all pages thereafter.  A fee for certifying medical records, not to exceed $20 for each record certified. PAPER COPIES This bill provides that, for records, other than those involving workers' compensation cases, the party requesting the patient's medical records in paper format is responsible to the provider or the pro vider's third-party release of information provider for the reasonable costs of copying and mailing the patient's records. However, such reasonable costs must not exceed the following combined:  $25 for paper copies of medical records five pages or less in length.  50¢ per page for each page copied after the first five pages.  $20 per printed film for producing radiology images in hard copy.  The actual cost of mailing. This bill provides that if a party described above requests certification or notarization, then a certification or notary fee must be charged as a flat fee of $20. ELECTRONIC COPIES This bill provides that the reasonable fees for fulfilling a patient's request for the patient's own records are governed by the federal Health Insu rance Portability and Accountability Act (HIPAA) and the federal Health Information Technology for Economic and Clinical Health (HITECH) Act, which must not exceed the cost of the following combined:  Labor for copying the protected health information requested by the individual.  Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media.  Postage, when the individual has requested the copy, summary, or explanation be mailed. For all other requesters, this bill requires the total fees for electronic medical records provided via portable media, electronic mail, or medical record portal, to comply with the following requirements:  The total charges must be no more than $5 for records 10 pages or less in length.  The total charges must be no more than 25¢ per page for each page after the first 10 pages, up to $25.  The mailing costs and applicable taxes, if any, must be the actual mailing costs and applicable taxes.  The fee for producing electronic copies of radiology images must be no more than $25 per request for CD, DVD, or USB, or $15 per request for electronic files emailed or sent via medical record portal.  If certification or notarization is requested, then a certification or notary fee must be charged as a flat fee of $20.  Charges for copying paper records or faxing paper records are subject to the limits set out above for paper copies.  The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of $20, only when the records are produced electronically. This bill requires a person providing records to provide the records in electronic form unless the records are not kept in ele ctronic form in the usual course of business. A third-party release of information provider of record copying and related services is subject to the fee limits contained in this bill and must not impose a charge or fee for such service in excess of such f ee limits. ON MARCH 31, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 495, AS AMENDED. AMENDMENT #1 makes the following revisions:  Provides that the fee for all electronic medical records for requesters and recipients, other than the patient, must be a flat fee of $90 .  Authorizes, f or any medical records request , other than a request made by the patient or the patient's personal representativ e for the patient's personal use, a covered entity or business associate to require payment prior to the release of the records. Payment may be remitted electronically .  Prohibits a provider from charg ing a fee for copying or notarizing a medical record when requested by the department of health pursuant to a complaint, inspection, or survey.