2023 Tennessee Code › Title 63 - PROFESSIONS OF THE HEALING ARTS (§§ 63-1-NEW — 63-32-119) › Chapter 2 - MEDICAL RECORDS (§§ 63-2-NEW — 63-2-103) › Section 63-2-102 - Costs of reproduction, copying or mailing of records

(a)
For records other than those involving workers' compensation cases:
(1)
The party requesting the patient's medical records in paper format is responsible to the provider or the provider's third-party release of information provider for the reasonable costs of copying and mailing the patient's records. Such reasonable costs must not exceed:
(A)
Twenty-five dollars ($25.00) for paper copies of medical records five (5) pages or less in length;
(B)
Fifty cents (50¢) per page for each page copied after the first five (5) pages;
(C)
The actual cost of mailing;
(D)
For producing radiology images in hard copy, no more than twenty dollars ($20.00) per printed film; and
(E)
A certification or notary fee, if certification or notarization is requested, must be charged as a flat fee of twenty dollars ($20.00);
(2)
The party requesting the patient's records in electronic format is responsible to the provider or the provider's third-party release of information provider for the following fees:
(A)
The reasonable fees for fulfilling a patient's request for the patient's own records are governed by the Health Insurance Portability and Accountability Act (HIPAA) of 1996 (42 U.S.C. § 1320d et seq.), and the Health Information Technology for Economic and Clinical Health (HITECH) Act (42 U.S.C. § 201 et seq.), and those acts implementing regulations, which must not exceed the cost of the following:
(i)
Labor for copying the protected health information requested by the individual;
(ii)
Supplies for creating the paper copy, or electronic media if the individual requests that the electronic copy be provided on portable media; and
(iii)
Postage, when the individual has requested the copy or summary or explanation, be mailed; and
(B)
For all other requesters, the total fees for electronic medical records provided via portable media, electronic mail, or medical record portal, must comply with the following:
(i)
The total charges must be no more than twenty-five dollars ($25.00) for records ten (10) pages or less in length;
(ii)
The total charges must be no more than twenty-five cents (25¢) per page for each page after the first ten (10) pages, up to ninety dollars ($90.00);
(iii)
The mailing costs and applicable taxes, if any, must be the actual mailing costs and applicable taxes;
(iv)
The fee for producing electronic copies of radiology images must be no more than twenty-five dollars ($25.00) per request for CD, DVD, or USB, or fifteen dollars ($15.00) per request for electronic files emailed or sent via medical record portal;
(v)
A certification or notary fee, if certification or notarization is requested, must be charged as a flat fee of twenty dollars ($20.00);
(vi)
Charges for copying paper records or faxing paper records are subject to the limits set in subdivision (a)(1); and
(vii)
The fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of twenty dollars ($20.00), only when the records are produced electronically;
(3)
Upon request, a person providing records pursuant to§ 63-2-101 shall provide the records in electronic form unless the records are not kept in electronic form in the usual course of business;
(4)
A third-party release of information provider of record copying and related services is subject to the fee limits contained in this section and shall not impose a charge or fee for such service in excess of such fee limits;
(5)
The fees charged for reproducing records of patients involved in a workers' compensation claim are as specified in § 50-6-204; and
(6)
A healthcare provider shall not charge a fee for copying or notarizing a medical record when requested by the department of health pursuant to a complaint, inspection, or survey as set forth in § 63-1-117.
(b)
Any increase in charges for copying and certifying medical records permitted by this section that is above those charges established by this section as it existed on January 1, 2010, shall not apply to requests for medical records made by the department of human services, and charges for copying and certifying medical records requests made by the department of human services shall remain the same as existed under this section as of January 1, 2010.
(c)
(1)
Upon request, the provider shall submit a notarized affidavit by the custodian of records certifying that the records provided in response to the request:
(A)
Are true and correct copies of records in the custody of the affiant;
(B)
Were made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of and a business duty to record or transmit those matters;
(C)
Were kept in the course of regularly conducted activity; and
(D)
Were made by the regularly conducted activity as a regular practice.
(2)
In addition to the charge for the copies of the record, the provider may charge up to twenty dollars ($20.00) for the affidavit described in this subsection (c), and the records submitted with that affidavit, and the affidavit shall qualify for the business records exception to the hearsay rule.
(d)
Nothing in this chapter shall be construed as superseding any provision of law that establishes specific costs for the reproduction, copying or mailing of records.
(e)
Payment of such costs may be required by the provider prior to the records being furnished. Upon payment of the costs described in this section, the patient or a patient's authorized representative shall have the right to receive the medical records without delay.
(f)
In workers' compensation cases, a request for medical records shall include a medical or anatomical impairment rating as required by §
50-6-246
[See the Compiler's Notes].
Amended by 2024 Tenn. Acts, ch. 737,s 1, eff. 7/1/2024.
Acts 1990, ch. 1067, § 1; 1996, ch. 881, §3; 1997 , ch. 425, §§1, 2; 2000, ch. 825, § 1; 2002, ch. 523, §2; 2010 , ch. 865, § 1.