HF 4983

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 02:06pm

A bill for an act
relating to health records; modifying maximum charges for medical record request
costs; revising per page and retrieval charges for medical record request costs;
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 deleted text begin 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 deleted text end new text begin the following amount, unless other law or a rule or contract provide
for a lower maximum charge:
new text end

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

new text begin (2) for x-rays, a total of $30 for retrieving and reproducing x-rays; and
new text end

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

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

new text begin (1) $10 if there are no records available;
new text end

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

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

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

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

(d) A provider or its representative may charge deleted text begin the deleted text end new text begin a new text end $10 retrieval fee, but must not
charge a per page fee new text begin or x-ray 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; 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. 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end