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SF 44

as introduced - 88th Legislature (2013 - 2014) Posted on 02/08/2013 08:44am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health records; decreasing the cost a provider may charge a patient
for copying records; amending Minnesota Statutes 2012, section 144.292,
subdivision 6.

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

Section 1.

Minnesota Statutes 2012, 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 75deleted text end new text begin tennew text end 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 begin (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.
deleted text end

deleted text begin (d)deleted text end new text begin (c)new text end 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
person who is receiving public assistance, 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.