HF 2070

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/10/2025 02:45 p.m.

A bill for an act
relating to health; changing provisions for the cost of health records; amending
Minnesota Statutes 2024, section 144.292, subdivision 6.

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

Section 1.

Minnesota Statutes 2024, 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 new text begin the patient's
own new text end purposes of reviewing current medical care, the provider must not charge a fee.

(b) new text begin Notwithstanding paragraph (a), new text end when a provider or its representative deleted text begin makes copies
of deleted text end new text begin retrieves or reproduces new text end patient records deleted text begin upon a patient's request deleted text end under this section, the
provider or its representative may charge deleted text begin the patient or the patient's representative deleted text end no more
than the following amount, unless other law or a rule or contract provide for a lower
maximum charge:

deleted text begin (1) for paper copies, $1 per page, plus $10 for time spent retrieving and copying the
records;
deleted text end

new text begin (1) for patient health records, excluding x-rays and other imaging:
new text end

new text begin (i) for a request for records that are no older than three years from the date of the request,
a flat fee of $250; or
new text end

new text begin (ii) for a request that includes any records older than three years, a flat fee of $250, plus
$0.40 per page; and
new text end

(2) for x-rays, deleted text begin a total of $30 for retrieving and reproducing x-rays; deleted text end and new text begin other imaging,
a $50 base fee, plus a fee of $25 per unique study.
new text end

deleted text begin (3) for electronic copies, a total of $20 for retrieving the records.
deleted text end

(c) For any deleted text begin copies of paper deleted text end records provided under paragraph (b), deleted text begin clause (1), deleted text end a provider
or the provider's representative may not charge more than a total of:

(1) deleted text begin $10 if deleted text end new text begin $20 for providing communication stating that new text end there are no records available; new text begin
or
new text end

deleted text begin (2) $30 for copies of records of up to 25 pages;
deleted text end

deleted text begin (3) $50 for copies of records of up to 100 pages;
deleted text end

deleted text begin (4) $50, plus an additional 20 cents per page for pages 101 and above; or
deleted text end

deleted text begin (5) $500 for any request.
deleted text end

new text begin (2) $1,500 for any request.
new text end

new text begin (d) Before retrieving or reproducing the patient's health records, a provider or its
representative may require payment of the flat fee amount under paragraph (b), clause (1),
item (i), unless the provider or the provider's representative issues a refund for the difference
between the flat fee amount paid under paragraph (b), clause (1), item (i), and the amount
charged under paragraph (c), clause (1), when there are no records available.
new text end

new text begin (e) The maximum charges provided in paragraphs (b) and (c) are effective for calendar
year 2026 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, published by the Department of Labor.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end A provider or its representative may new text begin not new text end charge deleted text begin a $10 retrieval fee, but must not
charge a per page fee or x-ray fee to provide copies of deleted text end new text begin more than $10 for any records provided
under paragraph (b) for new text end records requested by a patient or the patient's authorized
representative if the request for deleted text begin copies of deleted text end 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. Notwithstanding the foregoing, a provider or its
representative must not charge a fee, including a retrieval fee, 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 when the
patient is receiving public assistance, represented by an attorney on behalf of a civil legal
services program, or represented by a volunteer attorney program based on indigency. 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.

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.