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attendance at the oral argument of the case at the Fifth Circuit Court of Appeals in New Orleans indeed demonstrated to the physician community that these fine organizations do come to the aid of phy- sicians. They provide physicians with the legal expertise to protect the delivery of medical care and quality of care that we all strive to achieve,” the physicians said in a statement.


average hourly cost for wages and bene- fits of staff responsible for forwarding re- cords requests, along with the per-page expense of making photocopies. Remember: You cannot deny a copy


of records to a patient because of a past- due account with your practice. If you have additional questions


about medical records, contact the TMA Knowledge Center at (800) 880-7955 or knowledge@texmed.org. n


Crystal Conde is an associate editor of Texas Medicine. You can reach her by telephone at (800) 880-1300, ext. 1385, or (512) 370-1385; by fax at (512) 370-1629; or by email at crystal.conde@texmed.org.


Medical record fee must equal actual costs


Questions about medical records are among the most asked in the Texas Medical Association Knowledge Center. One common question: Can we charge patients a search fee when we have to go into our off-site storage to fulfill a re- cords request?


The answer is no. Texas Medical


Board (TMB) rules specifically prohibit charging a fee for searching for and retrieving the requested information. Practices may charge a reasonable, cost- based fee for medical records that cov- ers the cost of copying (including labor and supplies), postage, and/or preparing a summary of records when appropri- ate. The U.S. Office of Civil Rights rules, www.hhs.gov/ocr/privacy/hipaa/un derstanding/consumers/medicalrecords .html, are the same.


TMB rules dictate that a reasonable fee shall be no more than $25 for the first 20 pages and 50 cents per page for every copy thereafter. Thus, you may charge a maximum fee of $27.50 for a 25-page chart. For diagnostic imaging studies, such as x-rays, the reasonable fee is no more than $8 per film. Addi- tionally, if an affidavit is requested, you may charge a reasonable fee of up to $15 for executing the affidavit. Note that merely staying below the maximum allowable charge may not be sufficient to meet the TMB’s mandate that your fees be “cost based.” To make sure the fee you charge is reflective of your actual costs, annually calculate the


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