Confidentiality, Privacy & Security

Michigan - Medical Records Access Act Clarification

  • 1.  Michigan - Medical Records Access Act Clarification

    Posted 02-12-2018 09:15
    Good Morning Everyone,

    I recently attended a HIPAA education event.  The speaker shared that it is not legal for a provider to charge another provider for medical records when the next provider is requesting records for continuation of care.  I am not looking for legal advice.  I am wondering if anyone is aware of which law this would reference.  I was unable to obtain this educator's contact information.

    My question is:  Can a provider charge another provider for a patients medical record?  We currently have a patient within our network that has left another practice to see one of our physicians and our physician has requested a copy of the patient's record.  The other provider wants to charge us for those records.

    Thank you in advance for any feedback.

    ------------------------------
    Kathy Shemka
    HIM Service Leader
    Scheurer Hospital
    ------------------------------


  • 2.  RE: Michigan - Medical Records Access Act Clarification

    Posted 02-13-2018 07:37
    ​I could not find any state or federal statute on legality of charging another physician, as in when patient is transfers to another provider; however, it is clear in both HIPAA regulations and state statute that the patient or patient representative can be charge for a copy of the medical record.

    State - http://www.legislature.mi.gov/(S(frpk2ou3jqx4nwzezgavpfgt))/mileg.aspx?page=getObject&objectName=mcl-Act-47-of-2004

    HIPAA - https://www.gpo.gov/fdsys/pkg/CFR-2003-title45-vol1/xml/CFR-2003-title45-vol1-sec164-524.xml

    ------------------------------
    William Wong, CHC, CHPC, CCS, CPC, CPMA, CDEO
    AHIMA Approved ICD-10 CM/PCS Trainer
    Compliance Analyst
    ------------------------------



  • 3.  RE: Michigan - Medical Records Access Act Clarification

    Posted 02-13-2018 10:26

    I am not aware of any HIPAA regulation that speaks to charging other healthcare providers.  Typically, state laws only speak to actual fees allowed.  The HHS guidance speaks to fees for requests from the patient, not other healthcare providers.  We have never charged for continuity of care from a courtesy standpoint, but don't think there is law to prohibit a charge.






  • 4.  RE: Michigan - Medical Records Access Act Clarification

    Posted 02-14-2018 09:42
    ​Thank you for your feedback.

    ------------------------------
    Kathy Shemka
    HIMS Service Leader
    Scheurer Hospital
    ------------------------------



  • 5.  RE: Michigan - Medical Records Access Act Clarification

    Posted 02-14-2018 09:47
    Wendy and William are correct. Certainly providers of care can be charged for records for continued care, or any other valid reason under HIPAA. State laws, as Wendy points out, typically don't address this, but it's tough to say for sure on that level as there are so many of them. OCR would rather these types of requests are not charged for and certainly customer service considerations are that they aren't charged for, most HIM practitioners I think would rather not charge for them, but there is no prohibition on such changes.

    ------------------------------
    Kelly McLendon, RHIA, CHPS
    Managing Director
    CompliancePro Solutions
    kmclendon@complianceprosolutions.com
    321-268-0320
    ------------------------------