Is it legal to charge for medical records in North Carolina?

Answer 1

North Carolina General Statute Section 90-411 permits the following charges: Search, Handling, Copying and Mailing Costs Up to $10.00 Certification Fee Up to per record $9.32 Copying Costs for Records in Paper Form Per page for pages 1-25 $0.75 Per page for pages 26 - 100 $0.50 Per page for pages over 100 $0.25 The HIPAA Privacy Rule prohibits the charge for Search, Retrieval and Other Direct Administrative Costs from being assessed against the patient or the patient's personal representative who requests medical records. The HIPAA prohibition does not apply to requests by other persons.

The HIPAA Privacy Rule prohibits providers from charging to convert medical records into a form or format requested by the individual, if it is readily producible in such form or format, or into a readable hard copy form or other agreed upon form or format. However, if the individual wants a copy of a non-paper medical record, then a hospital may charge a reasonable, cost-based fee for copying the record, including the cost of supplies and copying labor.

Where someone other than a patient or their personal representative requests records, physicians may charge a reasonable fee (currently $10.00) to search for, handle and copy requested records. However, actual mailing costs may always be charged, regardless of who the requester is. The fee constitutes a minimum charge. It does not apply when the actual copying charge exceeds the minimum.

A physician may charge to prepare a health record summary.

A physician or hospital may not assess a copying charge where the requester is applying for Social Security Disability or Income benefits.