Good afternoon,
We are beginning to see attorneys requesting patient medical records and including information from the HITECH act stating that we can only charge them up to $6.50 for this service, and they also want to include affadavits in that fee.
In reveiwing the HITECH act it discusses the limitations on fees that can be charged to individuals. The rules goes further to state that the fee limits apply when an individual "directs a covered entity to send the PHI to a third party". It also states that, "In contrast, third parties often will directly request PHI from a covered entity and submit a written HIPAA authorization from the individual (or relay 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 int he Privacy Rule), the access fee limnitations 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 entitiy to direct a copy of the individual's PHI to the htird party, the fee limitations apply."
Has anyone else encountered this and obtained legal counsel on what it really means? I don't believe the rules considered this when they were written. Can we bill attorneys the medial records fees established within each state, or are we truly limited to the $6,50 maximum that we could charge to an individual patient?
And, if this $6.50 truly applies to requests for medical records from attorneys, does the same apply to affadavits? Subpeonas?
I look forwad to hearing what guidance others have received on this issue.
------------------------------
Cindy Pittmon RCC, CHBME, FRBMA
President, CEO
Acclaim Radiology Management
Longview TX
(903) 663-4800
------------------------------