Howdy nkamom-ga,
It looks like it is the Ohio Revised Code and not the Ohio Supreme Court that
allows your previous physician to make these charges. From the Ohio Revised
Codes 3701.74.1 as provided on the Ohio State Board of Psychology web site.
Even though it is presented there, it applies to all Ohio physicians.
http://psychology.ohio.gov/oac/3701741/3701_741.htm
"... a health care provider or medical records company that receives a request
for a copy of a patient's medical record may charge not more than the amounts
set forth in this section. Total costs for copies and all services related to
those copies shall not exceed the sum of the following:
1) An initial fee of fifteen dollars, which shall compensate for the records
search;
(2) With respect to data recorded on paper, the following amounts:
(a) One dollar per page for the first ten pages;
(b) Fifty cents per page for pages eleven through fifty;
(c) Twenty cents per page for pages fifty-one and higher.
(3) With respect to data recorded other than on paper, the actual cost of
making the copy;
(4) The actual cost of any related postage incurred by the health care
provider or medical records company."
Please note that pages 51 up should be charged at the 20 cents a page rate,
at least according to the above fee list.
Why aren't you being charged the initial $15 charge? It appears that HIPAA
(Health Insurance Portability and Accountability Act of 1996) supercedes Ohio
(and other state) statutes when it comes to such charges. The following is
from the Peoplechart web site.
http://www.peoplechart.com/SeniorNet/SeniorNetHIPAA.htm
"Provider charge fees MAY NOT include the standard one-time fee charge of costs
associated with searching for or retrieval of the requested information."
Believe it or not, it could be lots worse, as your prior pediatrician can
actually charge you more, as there was an increase in the fee limits as of
January 1st of this year to cover "inflation" costs. From the Ohio General
Assembly web site on "Substitute House Bill Number 331."
http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_331
"(1) If the request is made by the patient or the patient's personal
representative, total costs for copies and all services related to those copies
shall not exceed the sum of the following:
(1)(a) With respect to data recorded on paper, the following amounts:
(i) Two dollars and fifty cents per page for the first ten pages;
(ii) Fifty-one cents per page for pages eleven through fifty;
(iii) Twenty cents per page for pages fifty-one and higher;
(b) With respect to data recorded other than on paper, one dollar and seventy
cents per page;
(c) The actual cost of any related postage incurred by the health care provider
or medical records company."
Note that the HIPAA barred $15 initial fee has been dropped from the above.
The bill continues as follows:
"(2) If the request is made other than by the patient or the patient's personal
representative, total costs for copies and all services related to those copies
shall not exceed the sum of the following:
(a) An initial fee of fifteen dollars and thirty-five cents, which shall
compensate for the records search;
(2)(b) With respect to data recorded on paper, the following amounts:
(a)(i) One dollar and two cents per page for the first ten pages;
(b)(ii) Fifty-one cents per page for pages eleven through fifty;
(c)(iii) Twenty cents per page for pages fifty-one and higher.
(3)(c) With respect to data recorded other than on paper, the actual cost of
making the copy one dollar and seventy cents per page;
(4)(d) The actual cost of any related postage incurred by the health care
provider or medical records company."
I can find no record of this statute being challenged in the Ohio Supreme
Court, so I have concluded that the above is what the doctor is referencing.
I don't know if it will make you feel any better but more states than not
allow such charges. The web site of the law offices of Thomas J. Lamb, P.A.
has a page showing state allowed charges.
http://www.lamblawoffice.com/medical-records-copying-charges.html
Of course, it appears that the new Ohio charges are some of the most expensive,
and don't yet show on the page above.
If you need any clarification, please feel free to ask.
Search strategy:
Google search on: Ohio physician OR doctor charge records
://www.google.com/search?q=Ohio+physician+OR+doctor+charge+records
Google search on: 3701.74 Ohio
://www.google.com/search?q=3701%2E74+Ohio
Looking Forward, denco-ga - Google Answers Researcher |
Clarification of Answer by
denco-ga
on
12 Apr 2005 19:47 PDT
Apologies, but the current revised code that I quoted had some formatting
problems due to the web site source page. The most important parts (the
amounts) weren't affected, but here is a corrected and expanded version.
"Sec. 3701.741. (A) Through December 31, 2008, each health care provider
and medical records company shall provide copies of medical records in
accordance with this section.
(B) Except as provided in divisions (C) and (E) of this section, a health
care provider or medical records company that receives a request for a
copy of a patient's medical record shall charge not more than the amounts
set forth in this section.
(1) If the request is made by the patient or the patient's personal
representative, total costs for copies and all services related to those
copies shall not exceed the sum of the following:
(a) With respect to data recorded on paper, the following amounts:
(i) Two dollars and fifty cents per page for the first ten pages;
(ii) Fifty-one cents per page for pages eleven through fifty;
(iii) Twenty cents per page for pages fifty-one and higher;
(b) With respect to data recorded other than on paper, one dollar and
seventy cents per page;
(c) The actual cost of any related postage incurred by the health care
provider or medical records company.
(2) If the request is made other than by the patient or the patient's
personal representative, total costs for copies and all services related
to those copies shall not exceed the sum of the following:
(a) An initial fee of fifteen dollars and thirty-five cents, which shall
compensate for the records search;
(b) With respect to data recorded on paper, the following amounts:
(i) One dollar and two cents per page for the first ten pages;
(ii) Fifty-one cents per page for pages eleven through fifty;
(iii) Twenty cents per page for pages fifty-one and higher.
(c) With respect to data recorded other than on paper, one dollar and
seventy cents per page;
(d) The actual cost of any related postage incurred by the health care
provider or medical records company.
(C)(1) A health care provider or medical records company shall provide
one copy without charge to the following:
(a) The bureau of workers' compensation, in accordance with Chapters 4121.
and 4123. of the Revised Code and the rules adopted under those chapters;
(b) The industrial commission, in accordance with Chapters 4121. and 4123.
of the Revised Code and the rules adopted under those chapters;
(c) The department of job and family services, in accordance with Chapter
5101. of the Revised Code and the rules adopted under those chapters;
(d) The attorney general, in accordance with sections 2743.51 to 2743.72
of the Revised Code and any rules that may be adopted under those sections;
(e) A patient or patient's personal representative if the medical record is
necessary to support a claim under Title II or Title XVI of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 401 and 1381, as amended,
and the request is accompanied by documentation that a claim has been filed.
Looking Forward, denco-ga - Google Answers Researcher
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