decisionhealth Newsletters, Part B News - 2014 Issue 3 (March)
Beware conflicts between HIPAA, state law when setting copy fees
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Article Overview
This article covers the interaction between HIPAA and state laws governing fees for copies of medical records. It is aimed at providers, practice managers, and billing or compliance staff who handle patient access requests. The discussion focuses on general fee concepts, state-by-state variation, cost-based limitations, and practical compliance considerations for different request scenarios.
Why This Topic Matters
Incorrectly setting medical record copy fees can create compliance risk under both state licensing rules and OCR oversight. Understanding the overlap between HIPAA and state requirements helps practices avoid overcharging and inconsistent policies.
What You Will Learn
- How HIPAA and state law can differ on medical record copying fees
- Why state fee schedules may not be enough to determine what can be charged
- What types of costs may be considered in a HIPAA cost-based framework
- Why request type and requester identity can affect fee handling
- How practices can compare and align their record-copy charge policies across jurisdictions
Who Should Read This
- Physicians
- Practice managers
- Compliance staff
- Billing staff
- Health information management staff
- Facility administrators
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