Wiki Do other PCP offices in MASS charge for release of records when patient leaving the practice?

[mmackenzie202]

I have read so many articles about charging fro medical records, federal vs. state laws etc. It is hard to figure out what applies to our practices situation.

Currently we utilize a 3rd party service, Chart Request, that processes all our disability and legal requests. It works great!
We have never charged to transfer patient entire record to their new PCP. We do charge if the patient wants the records released to themselves.
Preparing a record is time consuming and we are a small private practice. I would love to have Chart Request take care of all the record release requests. Their policy is to charge us $25 for each request for the purposes of the patient leaving and transferring to an other practice. Chart Request considers it a "transition of care" and there for does not charge the patient.
Can we charge the patient and then give the go ahead to have Chart Request release the records the patient requested?
We currently prepare our 90 % records on a CD (or paper if patient requests it). What are other practices charging for medical records prepared and mailed out on a CD?
Trying to strike a balance between my one person medical records department and out sourcing to a 3rd party, and stay in compliance.

 

[kdlberg]

This is what I found specifically for Massachusetts on https://www.mass.gov/service-details/medical-records-obligations. Mass law sets the base for a non-HIPAA covered physician at $15, and then a per-page charge depending on how many pages if you're making copies. HIPAA only states that you can charge a "reasonable, cost-based fee" for supplies and labor related to making copies, including electronic copies.

So if you believe $25 is reasonable supplies and labor, then yes, you can pass that on to the patient. HIPAA does allow you to require payment before releasing records.

But what I would do is check with the vendor as to what they count in that $25. Patients cannot be charged for "costs associated with search and retrieval." Which I think applies more to paper records--like if you had to drive to the other side of the state and dig through boxes in a warehouse for 3 hours, you can't charge mileage, gas, and those 3 hours. Search and retrieval for electronic records for currently active patients shouldn't take much time.