How much should a covered entity charge for requested copies of protected health information (PHI) aka medical records?

 

 

Copying fees must be “reasonable,” and in accordance with the Health Insurance Portability and Accountability Act (HIPAA). As such, certain costs cannot be included, for example: reviewing the request, searching for and retrieving the requested information, and preparing a summary that was never requested.The Office for Civil Rights (OCR) at the Department of Health & Human Services (DHHS) allows for a maximum flat fee of $6.50 for electronic copies.

Regardless, the OCR has recently recommended in its FAQs that “covered entities should provide individuals who request access to their information with copies of their PHI free of charge.”

HIPAA does not override state laws that provide patients with greater rights than those afforded to them in federal law (45 CFR 160.202 & 160.203). Nevada allows copying charges of $0.60 per page, and “reasonable” fees for X-rays and other media (NRS 629.061). A state-by-state guide of medical record copying fees is available at: bit.ly/24X8Ltd .

 

 

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