§ 9419. Charges for access to medical records
(a) A custodian may impose a charge that is no more than a flat $5.00 fee or no more than $0.50 per page, whichever is greater, for providing copies of an individual's health care record. A custodian shall provide an individual or the authorized recipient with an itemized bill for the charges assessed. A custodian shall not charge for providing copies of any health care record requested to support a claim or an appeal under any provision of the Social Security Act or for any other federal or State needs-based benefit or program.
(b) A custodian may charge an individual a fee, reasonably related to the associated costs, for providing copies of X-rays, films, models, disks, tapes, or other health care record information maintained in other formats.
(c) As used in this section:
(1) "Custodian" means any person who maintains health care information for any lawful purpose, including a health care provider, a health care facility, or a health insurer.
(2) "Health care record" means all written and recorded health care information about an individual maintained by a custodian.
(3) "Individual" means a natural person, alive or dead, who is the subject of health care information and includes, when appropriate, the individual's attorney-in-fact; legal guardian; health care agent, as defined in chapter 231 of this title; executor; or administrator. (Added 1999, No. 129 (Adj. Sess.), § 2; amended 2017, No. 113 (Adj. Sess.), § 107.)
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