SF 4356

as introduced - 92nd Legislature (2021 - 2022) Posted on 06/24/2022 11:41am

A bill for an act
relating to health care; modifying the cost of retrieving a patient's health record
for some patients; amending Minnesota Statutes 2020, section 144.292, subdivision
6.

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

Section 1.

Minnesota Statutes 2020, 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 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 deleted text begin person deleted text end new text begin patient new text end who
is receiving public assistance, new text begin or to a patient new text end 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.