Medical Record Copying Fees

Law and Advocacy Division

2008 Update on Medical Records Copying Charges

September 10, 2008

On October 1, 1994 the law allowing physicians to charge specific sums for preparation and production of medical records went into effect. This law is codified in Maryland law at Health-General Article § 4-304(c)(3). These fees may be adjusted annually for inflation using the Consumer Price Index on July 1 of each year. The statute does not designate an entity to compute the increases. Since 1995 MedChi has calculated and published the appropriate adjustment, not in any official capacity, but as a service to its members and the Maryland public.

The adjusted rates for medical record copying are as follows:

	A preparation fee of $22.18 (This fee may not be charged to patients), plus
	A copying charge of $.73 cents per page; plus
	The actual cost of shipping and handling

However, the following rules apply:

	No fee may be charged to transfer the records of a Medicaid recipient to another provider.
	A practitioner may not withhold medical records because of unpaid fees for medical services.
	The records may not be withheld under an emergency request from a state or local governmental unit concerning a child protective services or adult protective services case pending payment.
	A physician should not withhold records that have been subpoenaed pending payment of copying and preparation charges but may bill any non-governmental entities subpoenaing records.
	In the opinion of MedChi's Committee on Ethics and Judicial Affairs, records should not be withheld from another health practitioner pending payment of the copying fees if to do so would hinder an ill patient from receiving needed medical attention.

Consistent with the above exceptions, physicians may demand payment of the copying and preparation charges before turning the records over to a patient or other authorized person.

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