HF 4758

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:43pm

A bill for an act
relating to health; clarifying an existing prohibition on charging fees for medical
records to certain individuals; amending Minnesota Statutes 2022, section 144.292,
subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 144.292, subdivision 6, is amended to read:

Subd. 6.

Cost.

(a) When a patient requests a copy of the patient's record for purposes of
reviewing current medical care, the provider must not charge a fee.

(b) When a provider or its representative makes copies of patient records upon a patient's
request under this section, the provider or its representative may charge the patient or the
patient's representative no more than 75 cents per page, plus $10 for time spent retrieving
and copying the records, unless other law or a rule or contract provide for a lower maximum
charge. This limitation does not apply to x-rays. The provider may charge a patient no more
than the actual cost of reproducing x-rays, plus no more than $10 for the time spent retrieving
and copying the x-rays.

(c) The respective maximum charges of 75 cents per page and $10 for time provided in
this subdivision are in effect for calendar year 1992 and may be adjusted annually each
calendar year as provided in this subdivision. The permissible maximum charges shall
change each year by an amount that reflects the change, as compared to the previous year,
in the Consumer Price Index for all Urban Consumers, Minneapolis-St. Paul (CPI-U),
published by the Department of Labor.

(d) A provider or its representative may charge the $10 retrieval fee, but must not charge
a per page fee new text begin , a retrieval fee, or any other fee new text end to provide copies of records requested by a
patient or the patient's authorized representative if the request for copies of records is for
purposes of appealing a denial of Social Security disability income or Social Security
disability benefits under title II or title XVI of the Social Security Act deleted text begin ; except that no fee
shall be charged to a patient who is receiving public assistance, or to a patient who is
represented by an attorney on behalf of a civil legal services program or a volunteer attorney
program based on indigency. deleted text end new text begin when the patient is:
new text end

new text begin (1) receiving public assistance;
new text end

new text begin (2) represented by an attorney on behalf of a civil legal services program; or
new text end

new text begin (3) represented by a volunteer attorney program based on indigency.
new text end

new text begin The patient or the patient's representative must submit one of the following to show that
they are entitled to receive records without charge under this paragraph: (1) a public
assistance statement from the county or state administering assistance; (2) a request for
records on the letterhead of the civil legal services program or volunteer attorney program
based on indigency; or (3) a benefits statement from the Social Security Administration.
new text end

For the purpose of further appeals, a patient may receive no more than two medical
record updates without charge, but only for medical record information previously not
provided.

For purposes of this paragraph, a patient's authorized representative does not include
units of state government engaged in the adjudication of Social Security disability claims.