Introduced Version
HOUSE BILL No. 1438
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-18-2; IC 16-39-9.
Synopsis: Medical record fees. Requires a provider to provide a
patient's medical record in the form and format requested by the patient
or the patient's legal representative, if readily producible. Provides that
a third party may not charge more than $2.50 for producing a patient's
medical record. Prohibits a provider from charging more than $6.50 for
producing a patient's medical record in electronic form. Specifies that
certain provisions in current law governing medical record fees apply
to a medical record in paper form. Amends the factors the department
of insurance may consider in adopting rules governing medical record
fees. Limits supply costs for paper copies to $.05 per page. Prohibits
the department from adopting a rule permitting a retrieval fee. Requires
a provider to provide one free copy of a patient's medical record to the
patient or the patient's legal representative if requesting the medical
record to apply for or appeal a denial of Social Security insurance
disability benefits or Supplemental Security Insurance. Provides that a
certification fee may not exceed $5. Prohibits a provider from charging
a fee for a billing statement.
Effective: July 1, 2025.
Campbell
January 21, 2025, read first time and referred to Committee on Public Health.
2025 IN 1438—LS 6680/DI 147 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1438
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 16-18-2-198.9 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 198.9. "Legal representative", for
4 purposes of IC 16-39-9, has the meaning set forth in IC 16-39-9-0.5.
5 SECTION 2. IC 16-18-2-223.8 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2025]: Sec. 223.8. "Medical record", for
8 purposes of IC 16-39-9, has the meaning set forth in IC 16-39-9-0.5.
9 SECTION 3. IC 16-39-9-0.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2025]: Sec. 0.5. (a) As used in this chapter, "legal representative"
12 includes an attorney.
13 (b) As used in this chapter, "medical record" includes a mental
14 health record.
15 SECTION 4. IC 16-39-9-1.5 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2025]: Sec. 1.5. Upon request, a provider shall provide to a
2025 IN 1438—LS 6680/DI 147 2
1 patient or a patient's legal representative the patient's medical
2 record in the form and format requested, if the medical record is
3 readily producible in the requested form and format.
4 SECTION 5. IC 16-39-9-2, AS AMENDED BY P.L.173-2007,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 2. (a) A provider may not charge a person patient
7 or the patient's legal representative for making and providing copies
8 of medical records in paper form an amount greater than the amount
9 set in rules adopted by the department of insurance under section 4 of
10 this chapter.
11 (b) A provider may not charge a patient or a patient's legal
12 representative a fee that exceeds six dollars and fifty cents ($6.50)
13 for producing the patient's medical record in electronic form.
14 (c) This subsection applies to a provider who uses or contracts
15 with a third party to maintain, retrieve, and produce a patient's
16 medical record. A third party may not charge a patient or a
17 patient's legal representative more than two dollars and fifty cents
18 ($2.50) for producing the patient's medical record.
19 SECTION 6. IC 16-39-9-4, AS AMENDED BY P.L.173-2007,
20 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 4. (a) As used in this section, "department" refers
22 to the department of insurance created by IC 27-1-1-1.
23 (b) Subject to subsection (c), the department may adopt rules under
24 IC 4-22-2 to set the amounts that may be charged for copying records
25 in paper form under this chapter. In adopting rules under this section,
26 the department shall consider the following factors relating to the costs
27 of copying medical records in paper form:
28 (1) The following labor costs: Labor for copying.
29 (A) Verification of requests.
30 (B) Logging requests.
31 (C) Retrieval.
32 (D) Copying.
33 (E) Refiling.
34 (2) Software costs for logging requests. Supply costs, not to
35 exceed five cents ($.05) per page.
36 (3) Expense costs for copying. Postage costs when a patient or
37 a patient's legal representative requests that a medical record
38 be mailed.
39 (4) Capital costs for copying.
40 (5) Billing and bad debt expenses.
41 (6) Space costs.
42 (c) The department may not adopt a rule under IC 4-22-2
2025 IN 1438—LS 6680/DI 147 3
1 permitting a fee for retrieving a medical record.
2 SECTION 7. IC 16-39-9-5 IS ADDED TO THE INDIANA CODE
3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4 1, 2025]: Sec. 5. Upon request, a provider shall provide one (1) free
5 copy of a patient's medical record to the patient or the patient's
6 legal representative if the patient or the patient's legal
7 representative requests the medical record to:
8 (1) apply for; or
9 (2) appeal a denial of;
10 Social Security disability insurance benefits or Supplemental
11 Security Income under the federal Social Security Act.
12 SECTION 8. IC 16-39-9-6 IS ADDED TO THE INDIANA CODE
13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
14 1, 2025]: Sec. 6. (a) This section applies to a request by a patient or
15 a patient's legal representative for a provider to certify the
16 patient's medical record.
17 (b) A provider may not charge a patient or a patient's legal
18 representative more than five dollars ($5) for certifying the
19 patient's medical record.
20 SECTION 9. IC 16-39-9-7 IS ADDED TO THE INDIANA CODE
21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
22 1, 2025]: Sec. 7. A provider may not charge a patient or a patient's
23 legal representative a fee for producing a billing statement.
2025 IN 1438—LS 6680/DI 147