tci Medicare Compliance & Reimbursement - 2021 Issue Q3

Reader Questions: Do the States or HIPAA Have the Final Word on Records’ Request Fees?

Question: Since patients’ rights to access their medical records continue to dominate the HHS Office for Civil Rights (OCR) enforcement activity, we had a question about state costs vs. federal costs for protected health information (PHI) requests. What should we do if our state law is different from HIPAA regarding fees that we may charge for providing patients with copies of their medical records? Should we follow the federal HIPAA regulations, or must we abide by our state law? Georgia Subscriber Answer: The answer depends on whether the state law provides individuals with greater rights of access to their...

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