Copying Charges for 2013
[Saturday, December 22, 2012]
of an inadvertent error in the notice published at 42 Pa.B. 7348
2012), the Department of Health (Department) is reprinting the document
entirety to correct the listing of fees and ensure accuracy of the
contained in this document.
42 Pa.C.S. §§ 6152 and 6155 (relating to subpoena of records; and
patients), the Secretary of Health (Secretary) is directed to adjust
the amounts which may be charged by a health care facility or health
provider upon receipt of a request or subpoena for production of
or records. These charges apply to any request for a copy of a medical
record except as follows:
fees (as listed in this notice) apply to amounts that may be charged by
health care facility or health care provider when copying medical
records either: (a) for the purpose of supporting any claim or appeal
Social Security Act or any Federal or State financial needs based
(b) for a district attorney.
insurer shall not be required to pay for copies of medical records
validate medical services for which reimbursement is sought under an
contract, except as provided in: (a) the Workers' Compensation Act (77
P. S. §§ 1—1041.1
and 2501—2506) and the regulations promulgated thereunder; (b) 75
Chapter 17 (relating to Motor Vehicle Financial Responsibility Law) and
regulations promulgated thereunder; or (c) a contract between an
any other party.
charges listed in this notice do not apply to an X-ray film or any
portion of a medical record which is not susceptible to photostatic
42 Pa.C.S. § 6152.1 (relating to limit on charges), the Secretary is
to make a similar adjustment to the flat fee which may be charged by a
care facility or health care provider for the expense of reproducing
charts or records where the request is: (1) for the purpose of
claim or appeal under the Social Security Act or any Federal or State
needs based benefit program; or (2) made by a district attorney.
Secretary is directed to base these adjustments on the most recent
the Consumer Price Index reported annually by the Bureau of Labor
the United States Department of Labor. For the annual period of October
2011, through October 31, 2012, the Consumer Price Index was 2.2%.
the Secretary provides notice that, effective January 1, 2013, the
fees may be charged by a health care facility or health care provider
production of records in response to subpoena or request:
charged per page for pages 1—20
charged per page for pages 21—60
charged per page for pages 61—end
charged per page for microfilm copies
fee for production of records to support any claim under Social
Security or any Federal or State financial needs based program
fee for supplying records requested by a district attorney
and retrieval of records
fees listed previously shall apply for paper copies or reproductions on
electronic media whether the records are stored on paper or in
addition to the amounts listed previously, charges may also be assessed
actual cost of postage, shipping and delivery of the requested records.
Department is not authorized to enforce these charges.
or inquiries concerning this notice should be sent to James T. Steele,
Deputy Chief Counsel, Room 825, Health and Welfare Building, 625
Street, Harrisburg, PA 17120, (717) 783-2500.
with a disability who require an alternative format of this notice (for
example, large print, audiotape, Braille) should contact James T.
at the address or phone number listed previously, or for speech and or
impaired persons V/TT (717) 783-6514, or the Pennsylvania AT&T
Service at (800) 654-5984.
regulations enacted under the Health Insurance Portability and
Act at 45 CFR Parts 160—164 state that covered entities may charge a
cost based fee that includes only the cost of copying, postage and
the information (if the individual has agreed to receive a summary)
providing individuals access to their medical records. The Department
and Human Services has stated that the fees may not include costs
with searching for and retrieving the requested information. For
clarification on this issue, inquiries should be directed to the Office
Civil Rights, United States Department of Health and Human Services,
Independence Avenue, S.W., Room 509F, HHH Building, Washington, D.C.
(866) 627-7748, http://www.hhs.gov/ocr/hipaa.
Doc. No. 12-2499. Filed for public
inspection December 21, 2012, 9:00 a.m.]