DEPARTMENT OF HEALTH Amendments to Charges for Medical Records

DEPARTMENT OF HEALTH Amendments to Charges for Medical Records 

In the notice published at 51 Pa.B. 7570 (December 4, 2021), the Department of Health (Department) published the guidelines and fees that a health care provider or facility may charge in response to a request for production of medical charts or records. This notice updates the notice published on December 4, 2021. Under 42 Pa.C.S. §§ 6152, 6152.1 and 6155 (relating to subpoena of records; limit on charges; and rights of patients), a health care provider or facility is allowed to charge a fee in response to a request for medical charts or records. The Secretary of Health (Secretary), under 42 Pa.C.S. §§ 6152 and 6152.1, is directed to adjust annually the amounts which may be charged by the health care provider or facility. The Secretary is directed to base these adjustments on the most recent changes in the Consumer Price Index reported annually by the Bureau of Labor Statistics of the United States Department of Labor. For the annual period of October 31, 2021, through October 31, 2022, the Consumer Price Index was 7.7%. Accordingly, effective January 1, 2023, the following fees may be charged by a health care facility or health care provider in response to a request for production of medical charts or records: Amount charged per page for: Not to Exceed Pages 1—20......................................................................... $1.83 Pages 21—60.......................................................................$1.36 Pages 61—end.................................................................... $0.47 Microfilm copies............................................................... $2.70 * Search and retrieval of records (cannot be charged if requestor is requesting their own personal health record)...................................................$27.14 Flat fees (providers may not charge the above search and retrieval fee in addition to a flat fee) Production of records to support any claim under Social Security or any Federal or State financial needs-based program;.................................... $34.40 Supplying records requested by a district attorney.....$27.14 The previously listed fees shall apply for paper copies or reproductions on electronic media whether the records are stored on paper or in electronic format. In addition to the amounts listed previously, charges may also be assessed for the actual cost of postage, shipping and delivery of the requested records. The Department is not authorized to enforce these charges. The previously listed charges, however, are subject to the following exceptions: (1) An insurer shall not be required to pay for copies of medical records required to validate medical services for which reimbursement is sought under an insurance contract, except as provided in: a. The Workers’ Compensation Act (77 P.S. §§ 1—1041.4 and 2501—2506) and the regulations promulgated