New regulations set fees for accessing electronic patient records under HIPAA and HITECH

Tennessee's House Bill 495, introduced on March 25, 2025, is making waves as it seeks to streamline access to electronic medical records while keeping costs manageable for patients. The bill aims to clarify the fees associated with obtaining personal health information, ensuring that patients are not burdened by excessive charges when requesting their own records.

At the heart of House Bill 495 is a provision that caps fees for electronic medical records. For patients requesting their own records, the bill stipulates that costs must align with federal regulations under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act. Specifically, patients will only pay for the labor involved in copying their records, the supplies used, and any postage if applicable.

For other requesters, the bill sets clear limits: a maximum of $5 for the first ten pages and 25 cents per page thereafter, capping total fees at $25 for larger requests. This move is expected to enhance transparency and accessibility, addressing long-standing concerns about the financial barriers patients face when trying to obtain their health information.

Debate surrounding the bill has highlighted the balance between ensuring patient access and protecting healthcare providers from potential financial strain. Supporters argue that the legislation promotes patient rights and empowers individuals to take charge of their health information. Critics, however, express concerns about the potential impact on healthcare providers, who may face increased administrative burdens.

The implications of House Bill 495 extend beyond just cost savings. By facilitating easier access to medical records, the bill could lead to improved patient engagement and better health outcomes. Experts suggest that when patients have timely access to their health information, they are more likely to participate actively in their care, leading to more informed decisions and potentially reducing healthcare costs in the long run.

As the bill moves through the legislative process, its future remains uncertain. Advocates are hopeful that it will pass, paving the way for a more patient-centered approach to healthcare in Tennessee. If successful, House Bill 495 could serve as a model for other states looking to enhance patient access to medical records while maintaining reasonable costs.