Posts Tagged ‘Florida medical records’

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COST OF MEDICAL RECORDS IN FLORIDA

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.)

 

Patient Access to Medical Records

Tuesday, April 19th, 2011

In Florida and under HIPAA, a patient is entitled to have access to his or her medical records.  Sounds easy enough, right?  It can be.  But for some patients, gaining access to their medical records can take some time.  For example, some medical offices require the request to be in writing.  Some offices even have a specific request form to use.

Typically, a health care provider has 30 days to respond to a patient’s request for records.  Under certain conditions, the provider can get an extension.  For example, some records may be kept off-site and they may require additional time to secure the records.  However, in most instances, a health care provider must furnish the records within 60-90 days of the request.

Will you be charged for a copy of your records?  Probably.  Health care providers are allowed to charge for the copy fees.  Under Florida law, most doctors are allowed to charge $1 for the first page and up to 25 cents for each additional page.  For example, 100 pages of records would cost $25.75.  {First page = $1.00 + (99 pages x .25).  $1.00 + $24.75 = $25.75}  Note: The maximum copy fees for hospitals and various types of doctors may be different.

Is a health care provider allowed to deny a patient’s request for medical records?  Yes, but only under limited circumstances.  Also, if a provider is denying access to records, they must give notice in writing, explaining why access was denied.

For more information on access to medical records in Florida, go here.

(As always, the content in this blog is not legal advice.  If you are having issues obtaining your medical records, please contact an attorney.  Depending on the health care provider or type of doctor, different strategies may apply.)

 

 

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