Friday, May 20th, 2011
As a follow-up to our April 19th blog on Patient Access to Medical Records, this post will explain where the law comes from on cost of medical records in Florida.
Primarily, the law on cost of medical records comes from statutes and rules. Following, is a list of two statutes and one rule on the issue:
Florida Statutes 395.3025 (Patient and personnel records, copies, examination)
Regarding records from hospitals:
- Exclusive charge for copies may include sales tax and actual postage
- Non-paper records not to exceed $2.00 per page
- Paper records not to exceed $1.00 per page
- An additional $1.00 may be charged for each year of records requested
Florida Statutes 395.301 (Itemized patient bill)
- A licensed facility shall make available to a patient all records necessary for verification of the accuracy of the patient’s bill within 30 business days after the request for such records.
- The facility may not charge the patient for making such verification records available; however, the facility may charge its usual fee for providing copies of records as specified in s. 395.3025.
Rule 64B8-10.003, Florida Administrative Code (Costs of Reproducing Medical Records)
Regarding records from anyone licensed under chapter 458 (most physicians):
- $1.00 per page for the first 25 pages of written material
- $.25 for each additional page
- Actual cost of reproducing nonwritten records such as x-rays. (The phrase “actual costs” means the cost of the material and supplies used to duplicate the record, as well as the labor costs and overhead costs associated with such duplication.)
- Interestingly, the Rule also states: “Recognizing that patient access to medical records is important and necessary to assure continuity of patient care, the Board of Medicine urges physicians to provide their patients a copy of their medical records, upon request, without cost, especially when the patient is economically disadvantaged. The Board, however, also recognizes that the cost of reproducing voluminous medical records may be financially burdensome to some practitioners. Therefore, the following rule sets forth the permitted costs for the reproduction of medical records.”)
(Disclaimer: This blog does not constitute legal advice nor does it create an attorney-client relationship.)