1.1.................... moves to amend H.F. No. 2435, the second engrossment, as follows:
1.2Page 20, after line 23, insert:
1.3 "Sec. .... Minnesota Statutes 2024, section 144.292, subdivision 6, is amended to read:
1.4 Subd. 6.
Cost. (a) When a patient requests a copy of the patient's record for
the patient's
1.5own purposes of reviewing current medical care, the provider must not charge a fee.
1.6 (b)
Notwithstanding paragraph (a), when a provider or its representative
makes copies
1.7of retrieves or reproduces patient records
upon a patient's request under this section, the
1.8provider or its representative may charge
the patient or the patient's representative no more
1.9than the following amount, unless other law or a rule or contract provide for a lower
1.10maximum charge:
1.11 (1) for
paper copies, $1 per page, plus $10 for time spent retrieving and copying the
1.12records; patient health records, excluding x-rays and other imaging:
1.13(i) for a request for records that are no older than three years from the date of
the request,
1.14a flat fee of $250; or
1.15(ii) for a request that includes any records older than three years, a flat fee of
$250, plus
1.16$0.40 per page; and
1.17(2) for x-rays
, a total of $30 for retrieving and reproducing x-rays; and
other imaging,
1.18a $50 base fee, plus a fee of $25 per unique study.
1.19 (3) for electronic copies, a total of $20 for retrieving the records.
1.20 (c) For any
copies of paper records provided under paragraph (b),
clause (1), a provider
1.21or the provider's representative may not charge more than a total of:
1.22(1)
$10 if $20 for providing communication stating that there are no records available;
1.23or
2.1(2)
$30 for copies of records of up to 25 pages; $1,500 for any request.
2.2(3) $50 for copies of records of up to 100 pages;
2.3(4) $50, plus an additional 20 cents per page for pages 101 and above; or
2.4 (5) $500 for any request.
2.5(d) Before retrieving or reproducing the patient's health records, a provider or its
2.6representative may require payment of the flat fee amount under paragraph (b), clause
(1),
2.7item (i), unless the provider or the provider's representative issues a refund for
the difference
2.8between the flat fee amount paid under paragraph (b), clause (1), item (i), and the
amount
2.9charged under paragraph (c), clause (1), when there are no records available.
2.10(e) The maximum charges provided in paragraphs (b) and (c) are effective for calendar
2.11year 2026 and may be adjusted annually each calendar year as provided in this subdivision.
2.12The permissible maximum charges shall change each year by an amount that reflects
the
2.13change, as compared to the previous year, in the Consumer Price Index for all Urban
2.14Consumers, Minneapolis-St. Paul, published by the Department of Labor.
2.15 (d) (f) A provider or its representative may
not charge
a $10 retrieval fee, but must not
2.16charge a per page fee or x-ray fee to provide copies of more than $10 for any records provided
2.17under paragraph (b) for records requested by a patient or the patient's authorized
2.18representative if the request for
copies of records is for purposes of appealing a denial of
2.19Social Security disability income or Social Security disability benefits under title
II or title
2.20XVI of the Social Security Act. Notwithstanding the foregoing, a provider or its
2.21representative must not charge a fee, including a retrieval fee, to provide copies
of records
2.22requested by a patient or the patient's authorized representative if the request for
copies of
2.23records is for purposes of appealing a denial of Social Security disability income
or Social
2.24Security disability benefits under title II or title XVI of the Social Security Act
when the
2.25patient is receiving public assistance, represented by an attorney on behalf of a
civil legal
2.26services program, or represented by a volunteer attorney program based on indigency.
The
2.27patient or the patient's representative must submit one of the following to show that
they
2.28are entitled to receive records without charge under this paragraph:
2.29(1) a public assistance statement from the county or state administering assistance;
2.30(2) a request for records on the letterhead of the civil legal services program or
volunteer
2.31attorney program based on indigency; or
2.32(3) a benefits statement from the Social Security Administration.
3.1For the purpose of further appeals, a patient may receive no more than two medical
record
3.2updates without charge, but only for medical record information previously not provided.
3.3For purposes of this paragraph, a patient's authorized representative does not include
units
3.4of state government engaged in the adjudication of Social Security disability claims."
3.5Renumber the sections in sequence and correct the internal references
3.6Amend the title accordingly