Does anyone know of a Medicare regulation that says we CAN'T bill a patient for their records if they request them? Of course we wouldn't charge another provider for these records, but occasionally a patient wants their records (for whatever reason) and my boss wonders if we can charge the patient?
Thanks
I'd really like to be surprised by this question and the answers, but I'm not. I don't think many facilities or practices train staff about HIPAA any more.
The "reasonable, cost-based fee" mentioned below is not specified in this law or by CMS. State laws govern how much may be charged.
HIPAA regulation - 45 CFR subsection 164.524 (c)
(4)
Fees. If the individual requests a copy of the protected health information or agrees to a summary or explanation of such information, the covered entity may impose a reasonable, cost-based fee, provided that the fee includes only the cost of:
(i)
Copying, including the cost of supplies for and labor of copying, the protected health information requested by the individual;
(ii)
Postage, when the individual has requested the copy, or the summary or explanation, be mailed; and
(iii) Preparing an explanation or summary of the protected health information, if agreed to by the individual as required by paragraph (c)(2)(ii) of this section.