New Rates for Copies of Medical Records in Minnesota
By: BRIAR A. ANDRESEN
Spring 2002
In Minnesota, the maximum allowable charge for retrieving and copying patient records is set by statute, tied to the U.S. Department of Labor's Consumer Price Index, and adjusted each year. In 2002, providers may charge $1.03 per page, as well as a flat "retrieval charge" of $13.55. For X-rays, the provider may charge the actual cost of reproducing the X-ray, plus no more than the maximum retrieval fee for the time spent copying and retrieving the X-rays.
In some cases, however, a provider may not charge any fee at all for copies of a record. If a patient requests a copy of his or her record "for purposes of reviewing current medical care," the provider may not charge a fee. Unfortunately, the statute does not define "current medical care." If a patient is in the process of undergoing treatment for a particular disease or symptom, this would very likely qualify as "current medical care," and the provider could not charge the patient if he or she asked for a copy of that part of the record. In addition, if a patient requests his or her records specifically for the purpose of reviewing his or her current medical care, the records should be provided free of charge.
A trickier situation may arise when a patient requests a copy of his or her medical record to review treatment for a problem that has been ongoing over the course of months or years. If a patient requests a copy of his or her record in such a case, the safest course of action is to provide the copies free of charge. Another option would be for the clinic to set a certain period of time beyond which it is not reasonable to call a course of treatment "current."
When a patient requests a copy of his or her medical record, providers should follow these general guidelines:
- Make sure that the patient provides a signed and dated request/consent. Keep the request/consent on file.
- Ask the patient why he or she is requesting the records. If it is to review current medical care, do not charge the patient.
- Notify the patient of the charges for providing the records. If the patient is transferring records to another provider, notify the patient that if the receiving physician will not pay for the records, the patient will be responsible for the cost.
- Ensure that the patient knows that he or she is entitled to a copy of his or her records, regardless of the reason for which they are requested.