Health Information Technologies and Processes

Electronic Record Fees

  • 1.  Electronic Record Fees

    Posted 19 days ago
    Is there any guidance on electronic record fees that are not patient requested/personal request.   I.E. Insurance for anything other than payment on a claim or an attorney.   I am in the state of Wisconsin.


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    Luis Diaz
    Health Information Management Supervisor
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  • 2.  RE: Electronic Record Fees

    Posted 19 days ago
    If the electronic records were going to the patient then it would be a flat rate but since this is someone other than the patient you could charge them the retrieval fee. https://www.dhs.wisconsin.gov/wisact146/medical-records-fee.pdf   At least that is how I interpret it.... 


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    Jennifer Hoffman
    Health Information Manager
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  • 3.  RE: Electronic Record Fees

    Posted 18 days ago

    I would research the HITECH Act...  I have a link below that hopefully simplifies HITECH requests .

     

    https://www.adlergiersch.com/provider-blog/clarifying-hitech-act-answers-frequent-questions/

     

    dh

     






  • 4.  RE: Electronic Record Fees

    Posted 18 days ago
    Donna, this is a quote from the website link you attached...

    "When the request is from any other source, HITECH does not apply, and the healthcare professional can charge under state law and its rules, including the previously standard handling fee and per-page charge."

    Furthermore, this quote is from the hhs.gov website which states that the access fee limitations do not apply and you can charge based on the first link that I posted.
    "In contrast, third parties often will directly request PHI from a covered entity and submit a written HIPAA authorization from the individual (or rely on another permission in the Privacy Rule) for that disclosure.  Where the third party is initiating a request for PHI on its own behalf, with the individual's HIPAA authorization (or pursuant to another permissible disclosure provision in the Privacy Rule), the access fee limitations do not apply.  However, as described above, where the third party is forwarding - on behalf and at the direction of the individual - the individual's access request for a covered entity to direct a copy of the individual's PHI to the third party, the fee limitations apply."

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    Jennifer Hoffman
    Health Information Manager
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  • 5.  RE: Electronic Record Fees

    Posted 18 days ago

    The attorneys where I work have gotten quite savvy and have a letter "drafted" by the patient, along with an authorization.  (to avoid higher costs) In those cases, we follow HITECH.  If the request came from the attorney without a patient letter, regular state fees would be charged.

     






  • 6.  RE: Electronic Record Fees

    Posted 18 days ago
    Ah, yes very savvy.

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    Jennifer Hoffman
    Health Information Manager
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  • 7.  RE: Electronic Record Fees

    Posted 18 days ago
    Thank you both.   I found this information to be helpful.

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    Luis Diaz
    Health Information Management Supervisor
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