MEDICAL RECORDS Q&A
The TMA Knowledge Center receives many questions regarding medical records. Here are the top five:
Q: How much can we charge to supply copies of records? Are the fees different for records supplied in electronic format? A. Per Texas Medical Board rules, physicians may charge up to $25 for the first 20 pages of a paper record and 50 cents per page for every copy thereafter. For copies of an electronic record, doctors may charge up to $25 for 500 or fewer pages, or $50 for more than 500 pages. However, simply charging the maximum amount permitted under the rules is not suficient unless such a charge is “reasonable” and “cost-based.”
Q: Can we forward copies of records we have received from other physicians? A. Yes. In fact, you are required to do so when someone requests medical records. The Medical Practice Act requires physicians responding to a request for records to provide “records received from a physician or other health care provider involved in the care or treatment of the patient.” The Medical Practice Act contains no excep- tion for documents stamped “Do Not Copy or Forward” or “Not for Re-Release.”
Q: Can we release medical records of de- ceased patients to their family members? A. A family member must be a “personal rep- resentative” of the deceased to consent to the release of the medical records. A “personal representative” is someone who has the author- ity to perform transactions on behalf of the deceased’s estate.
July 2015 TEXAS MEDICINE 57
Q: Can we withhold supplying copies of medi- cal records because of a past-due balance for services? A. No. A physician may generally retain records until payment of a copy fee is made but may not withhold copies of the records because of a past-due balance for treatment.
Q: Do I need patient authorization to forward medical records to another physician for treatment purposes? A. No. HIPAA permits doctors to disclose patient health information to other doctors for treat- ment purposes without patient authorization.
For more information on medical records, see
white papers and informational articles from TMA’s Ofice of the General Counsel at www
.texmed.org/Medical_Records. If you have ques- tions about medical records, contact the TMA Knowledge Center by calling (800) 880-7955 or emailing
knowledge@texmed.org.
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