An Act Regarding the Cost of Copies of Medical Records
Maine Legislature, Session 131, LD 2151
Committee Amendment CA_A_H766 (House)
Amends: 22 MRSA §1711, 22 MRSA §1711-A

COMMITTEE AMENDMENT " /~~\" to H.P. 1375, L.D. 2151, "An Act Regarding
the Cost of Copies of Medical Records"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 22 MRSA §1711, 5th ^[, as amended by PL 2013, c. 158, §1, is repealed
and the following enacted in its place:
A hospital or its vendor, in making and oroviding a paper coov of a patient's medical
record and additions to the medical record, may assess reasonable fees as charges and may
require payment prior to responding to the request. The charge for oroviding a paper copy
of a patient's medical record may not exceed $20 for validating the requested documents
and locatine the medical record and 45^ for each page of the medical record, up to a
maximum of $250 for an entire medical record. A $20 fee mav also be charged for
oroviding a letter that states that the patient's medical record was not located. The Health
Insurance Consumer Assistance Program established by Title 24-A. section 4326 is exempt
from oavingthe fees described in this paragraph.
Sec. 2. 22 MRSA §1711, 6th ^, as enacted by PL 2013, c. 158, §2, is amended to
read:
If a patient's medical record exists in a digital or electronic format, the a hospital or its
vendor shall provide an electronic copy of the medical record if an electronic copy is
requested and it is reasonably possible to provide it, The hospital or its vendor may assess
as charges reasonable actual costs of staff time a fee not to exceed $20 for validating the
requested documents and locatine the medical record and 45^ for each page of the medical
record to create or copy the medical record and tho costs of necessary supplies and postage.
Actual costs may not include a retrieval fee or the costs of new taohnology, maintenanco
of the electronic record system, data accesa or storage mfraatruoturo. A $20 fee may also
be charged for orovidine a letter that states that the patient's medical record was not located,
Charges assessed under this paragraph may not exceed $150. The Health Insurance
COMMITTEE AMENDMENT
•^
COMMITTEE AMENDMENT "P( " to H,P. 1375, L.D. 2151
Consumer Assistance Program established by Title 24-A. section 4326 is exempt from
paving the fees described in this paragrai?h.
Sec. 3. 22 MRSA §1711-A, as amended by PL 2013, c. 32, §2 and c.158, §3,is
further amended to read:
§1711-A. Fees charged for records
Whenever a health care practitioner defmed in section 1711-B or its vendor furnishes
in paper form requested copies of a patient's treatment record or a medical report or an
addition to a treatment record or medical report to the patient or the patient's authorized
representative, the charge for the copies or the report may not exceed the reuQonable costs
incurred by tho health oaro praotitioner in making and providing the oopios or the report,
¥he charge for the copies of a patient's treatment record or the medical report may not
exceed $5- $20 for the first page validating the requested documents and locating the
treatment record or medical report and 45i for each additional page of the treabtnent record
or medical report, up to a maximum of $250 for the entire treatment record or medical
report. A $20 fee may also be charged for providine a letter that states that a patient's
treatment record or medical report was not located. The Health Insurance Consumer
Assistance Program established by Title 24-A, section 43 26 is exempt from paying the fees
described in this oaraeraoh.
If a treatment record or medical report exists in a digital or electronic format, the health
care practitioner or its vendor shall provide an electronic copy of the treatment record or
medical report if an electronic copy is requested and it is reasonably possible to provide it.
The health care practitioner or its vendor may assess as charges reasonable actual eests-ef
staff time to oroate or copy the treatment record or medical report and the costs of necessary
supplies and postage. Aotial costs may not include a retrieval fee or the costs of new
technology, maintenance of the eleotronio record system, data access or storage
mfrastruoture a fee not to exceed $20 for validatine the requested documents and locatmg
the patient records and 45 i for each page of the treatment record or medical report. A $20
fee may also be chargedjorprovidine; a letter that states that a patient's treatment record or
medical report was not located. Charges assessed under this paragraph may not exceed
$150. The Health Insurance Consumer Assistance Program established by Title 24-A.
section 4326 is exempt from paying the fees described in this paragraph.'
Amend the bill by relettermg or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment amends the bill to change the application of medical record fee caps
so as to apply to all parties requesting records. It also exempts the Health Insurance
7 Consumer Assistance Program from. medical record fees,
COMMITTEE AMENDMENT