Legal Question in Civil Litigation in Maryland

There are two laws that govern the fees that may be charged. If the provider is subject to HIPAA, they may only charge a reasonable, COST BASED fee. Additionally, Maryland state law limits the fees.

A good summary of the topic is found in the Attorney General's Office Publication "How to Get and Use your Medical Records" which states:

Under state law, you may be charged no more than 69 cents per page for having your records copied, plus actual postage and handling costs. (These limitations do not apply to x-rays.) These fees may be adjusted annually for inflation. Federal law forbids a provider from charging preparation fees, including fees for retrieving or handling the information or for processing the request, if the records are being provided to the consumer. If the records are being sent to someone other than the consumer, the law allows for an administrative fee of no more than $21. To avoid a surprise bill, ask about fees before requesting records. In most cases, the provider may withhold your records unless you pay the fee. However, the provider may not withhold the records because you have not paid an outstanding bill for treatment. (Excerpt from MD Attorney General Publication)

While not a substitute for legal advice, I hope that this information helps.

Cedulie Laumann

Arden Law Firm