SF5019

Purpose

• To modify health care provisions related to access to patient records, including how providers may charge for copies and under what circumstances charges must be waived or limited. The change focuses on making it easier and cheaper to obtain medical records when used for Social Security disability appeals or determinations, and it updates related provisions in several Minnesota statutes.

Main provisions

• Amends Minnesota Statutes 144.292, subdivision 6, describing fees for copies of a patient’s medical records.

  • Paper copies:
  • A base per-page fee (listed as “1 per page”) plus a retrieval/processing fee (listed as “$10 for time spent retrieving and copying the records” in the text).
  • X-ray copies:
  • Up to a total of $30 for retrieving and reproducing x-rays.
  • Electronic copies:
  • Up to a total of $20 for retrieving the records.
  • Cap on total charges when no records exist:
  • The bill sets maximums if no records are available (e.g., a total cap of $10, with other tiered caps for small page counts).
  • Tiered charges by page count:
  • Up to 25 pages: total cap around $30.
  • Up to 100 pages: total cap around $50.
  • Over 100 pages: $50 plus an additional per-page amount (e.g., $0.20 per page for pages beyond 100) or a maximum of $500 for any single request.
  • Retrieval fee for SSA-related requests:
  • A provider may charge a $10 retrieval fee, but must not charge per-page or x-ray fees for records requested to support appeals of Social Security disability benefits or for disability determinations by the state medical review team.
  • Free or reduced charges for certain SSA-related cases:
  • If the patient is appealing SSA disability benefits and is receiving public assistance, represented by civil legal services or a volunteer attorney program based on indigency, the provider must waive per-page fees, x-ray fees, and the retrieval fee.
  • Proof required to qualify for no/waived charges:
  • The patient or their authorized representative must submit one of:
    • A public assistance statement from the county/state administering assistance,
    • A record request on the letterhead of the civil legal services program or volunteer attorney program based on indigency,
    • A benefits statement from the Social Security Administration.
  • No-charge updates for further SSA appeals:
  • For the purpose of further appeals, a patient may receive up to two medical record updates without charge, but only for information not previously provided.
  • Scope of “authorized representative”:
  • For this provision, the term does not include units of state government that adjudicate Social Security disability claims.

Significant changes to existing law

• Establishes a detailed, tiered fee schedule for copying medical records, with explicit caps and retrieval fees.
• Creates targeted exemptions waiving or reducing costs for records used in Social Security disability appeals or determinations, particularly when the patient is indigent and represented by civil legal services or volunteer attorney programs.
• Requires documented proof to receive waivers or reduced fees.
• Limits free updates to medical records for ongoing SSA appeals, protecting against repeated free updates unless information was newly provided.
• Sets boundaries on who can authorize these waivers (excluding state government units adjudicating SSA claims).

Practical impact

• Patients pursuing SSA disability benefits or determinations may access their medical records more affordably, especially if they are indigent and supported by civil legal services or volunteer programs.
• Providers have clearer, structured rules for charging for copies, reductions for certain SSA-related requests, and requirements to verify eligibility for waivers.

Relevant Terms - patient records, medical records, copies, copy fees, retrieval fee, per-page fee, x-ray fee, electronic copies, Minnesota Statutes 144.292, public assistance, civil legal services, volunteer attorney program, indigency, Social Security disability, SSA, state medical review team, disability determination, authorized representative, fee tiers, record updates, appeals, no-charge updates.