Update on Medical Records Fees
(April 2011) - HIPAA, as well as the Ohio Revised Code, permits copy charges when complying with medical records requests. Although HIPAA does not specifically mandate a fee schedule, it does require that the cost be reasonable. Ohio, however, has its own law that provides a "reasonable" fee structure when complying with a request for medical records. Ohio law sets limits on the amounts that all healthcare providers and medical records companies may charge for copies. This law, contained in the Revised Code, at Section 3701.741, and modified for a cost-of-living adjustment by O.R.C. 3701.742, states that the total costs for copies and all services related to copies for a patient, or patient's representative, cannot exceed the sum of the following:
$2.88 per page for the first ten pages;
$0.60 per page for pages eleven through fifty;
$0.24 per page for pages fifty-one and higher;
$1.97 per page for data recorded on paper other than (CAT scan, MRI, X-ray, etc.); and
The actual cost of any postage.
However, the price structure is slightly different if the request is made by someone other than the patient or the patient's personal representative (opposing counsel in a lawsuit, employer, etc.). In this situation, the total cost for all copies and services related to those copies shall not exceed the sum of the following:
An initial fee of $17.70 for the record search;
$1.17 per page for the first ten pages;
$0.60 per page for pages eleven through fifty;
$0.24 per page for pages fifty-one and higher;
$1.97 per page for data recorded on paper; and also x-ray, EKG strips, etc.; and
The actual cost of any related postage.
Keep in mind that this fee schedule does not apply in all instances. The following entities are entitled to one free copy of a medical record:
The Bureau of Workers’ Compensation
The Industrial Commission
The Department of Jobs and Family Services
The patient or a representative as part of a Social Security Disability or Supplemental Security Income determination; and
Certain entities which review/monitor long-term care resident's rights.
Finally, providers and medical records companies may enter into a contract with a patient, a patient's representative or an insurer (other than a health insurer) for the copying of medical records at fees that differ from the maximum fees. Establishing a written office policy that details copy charge rates as prescribed by law will help you make the decision about what to copy, and at what cost, while developing consistency in office practices. If you have any questions or would like additional information, Attorney Bob Preston can be reached at (330) 456-8341 or at .
