SF1881

This bill, Minnesota Senate File No. 1881, proposes amendments to Minnesota Statutes 2024, Section 144.292, Subdivision 6, regarding the costs associated with obtaining health records.

Key Provisions:

1. No Charge for Reviewing Current Medical Care:

   • Patients requesting copies of their medical records for their own review of current medical care must not be charged a fee.

2. Fee Structure for Copies of Health Records:

   • Paper copies:
     
     • $1 per page, plus $10 retrieval and copying fee.
       
   • Electronic copies:
     
     • Flat fee of $20 for retrieving records.
       
   • Health records (excluding X-rays & imaging):
     
     • Flat fee of $250 for records up to three years old.
       
     • For records older than three years, an additional $0.40 per page is charged.
       
   • X-rays & imaging records:
     
     • $50 base fee, plus $25 per unique study.
       

3. Caps on Paper Record Charges:

   • Maximum charges for paper records:
     
     • $20 when no records are available.
       
     • $30 for records up to 25 pages.
       
     • $50 for records up to 100 pages.
       
     • $50 plus $0.20 per page for over 100 pages.
       
     • $1,500 maximum charge per request.
       

4. Prepayment & Refunds:

   • Providers may require prepayment of the flat fee before retrieving records.
     
   • If no records are found, a refund must be issued for the difference between the prepaid flat fee and the actual cost.

5. Annual Inflation Adjustment:

   • Maximum charges can be adjusted annually based on the Consumer Price Index (CPI) for the Minneapolis-St. Paul area.

6. Exceptions for Social Security Disability Appeals:

   • No fees, including retrieval fees, when records are requested for appealing a Social Security disability denial under Title II or Title XVI of the Social Security Act if:
     
     • The patient receives public assistance.
       
     • The patient is represented by a civil legal services program or a volunteer attorney due to indigency.
       
   • Patients must submit proof, such as:
     
     1. A public assistance statement.
        
     2. A request for records on legal aid letterhead.
        
     3. Social Security benefits statement.
        
   • Patients may receive two free updates to previously provided records for further appeals.

Conclusion:

This bill updates and specifies the allowable fees for obtaining medical records, sets a cap on total charges, introduces free record access for Social Security disability appeals, and provides for annual fee adjustments based on inflation.