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Committee approves $90 flat fee for third-party electronic medical records requests; lawmakers seek clarity on who pays
Summary
Senate Bill 606, amended, sets a $90 flat fee for electronic medical-record requests made to health-care facilities by third parties and preserves existing caps and per-page charges for paper records.
Senate Bill 606 returned to the Health and Welfare Committee with an amendment described as "the amendment that makes the bill." The amended measure creates a flat $90 charge for requests for electronic medical records made to a health-care facility; paper reproduction fees and an existing $20 cap for Social Security/disability cases remain in place.
Sponsor Senator Bailey told the committee the amendment establishes a $90 flat rate for electronic medical records requested from a health-care facility and that the per-page rate still applies to paper records. "With the amendment, it establishes a flat rate of $90 for medical electronic records that's requested from a health care facility," the sponsor said.
Senator Hensley pressed staff and the sponsor on whether the $90 charge was a maximum or a flat fee even for small requests. "Well, they only pay $20 so but the other is a flat fee for $90 even if you only have 2 or 3 pages?" Hensley asked. Department witnesses clarified the $90 flat fee applies to third parties requesting electronic records (for example, insurers or attorneys), while fee caps for Social Security and disability-related records continue to be $20. The department said patients frequently pay lower or different fees and that the $90 charge targets nonpatient requesters.
Committee members had the option of hearing testimony but took none after discussion. The committee adopted the amendment and approved the bill by roll call (9 ayes). The bill will go to the calendar.
