SF 1531

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; eliminating the fees for copies of 
  1.3             patient records when obtaining records for a social 
  1.4             security claim or appeal; amending Minnesota Statutes 
  1.5             1994, section 144.335, subdivision 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 144.335, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [COSTS.] (a) When a patient requests a copy of 
  1.10  the patient's record for purposes of reviewing current medical 
  1.11  care, the provider must not charge a fee.  When a provider or 
  1.12  its representative makes copies of patient records upon a 
  1.13  patient's request under this section, the provider or its 
  1.14  representative may charge the patient or the patient's 
  1.15  representative no more than 75 cents per page, plus $10 for time 
  1.16  spent retrieving and copying the records, unless other law or a 
  1.17  rule or contract provide for a lower maximum charge.  This 
  1.18  limitation does not apply to X-rays.  The provider may charge a 
  1.19  patient no more than the actual cost of reproducing X-rays, plus 
  1.20  no more than $10 for the time spent retrieving and copying the 
  1.21  X-rays. 
  1.22     The respective maximum charges of 75 cents per page and $10 
  1.23  for time provided in this subdivision are in effect for calendar 
  1.24  year 1992 and may be adjusted annually each calendar year as 
  1.25  provided in this subdivision.  The permissible maximum charges 
  2.1   shall change each year by an amount that reflects the change, as 
  2.2   compared to the previous year, in the consumer price index for 
  2.3   all urban consumers, Minneapolis-St. Paul (CPI-U), published by 
  2.4   the department of labor.  
  2.5      (b) Notwithstanding paragraph (a), a provider or its 
  2.6   representative shall not charge a fee for making copies of a 
  2.7   patient's records when the records have been requested by the 
  2.8   patient, the patient's attorney, or other authorized 
  2.9   representative if the request is made for the purpose of 
  2.10  supporting a claim or an appeal under any provision of the 
  2.11  Social Security Act and the request is accompanied by 
  2.12  documentation of the claim or appeal.  Documentation may be met 
  2.13  by providing a copy of the application seeking benefits, a copy 
  2.14  of the decision denying such benefits, or by an affidavit from 
  2.15  the patient's attorney stating that a claim or appeal is in 
  2.16  progress.  The provider shall furnish the patient records within 
  2.17  15 days of the request.