LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6680 NOTE PREPARED: Dec 19, 2024
BILL NUMBER: HB 1438 BILL AMENDED:
SUBJECT: Medical Record Fees.
FIRST AUTHOR: Rep. Campbell BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: The bill 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.
It provides that a third party may not charge more than $2.50 for producing a patient's medical record, and
it prohibits a provider from charging more than $6.50 for producing a patient's medical record in electronic
form. It also limits supply costs for paper copies to $.05 per page. The bill 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. It provides that a certification fee may not exceed $5. The bill prohibits
a provider from charging a fee for a billing statement.
The bill specifies that certain provisions in current law governing medical record fees apply to a medical
record in paper form. It amends the factors the Department of Insurance (DOI) may consider in adopting rules
governing medical record fees, and it prohibits the DOI from adopting a rule permitting a retrieval fee.
Effective Date: July 1, 2025.
Explanation of State Expenditures:
Explanation of State Revenues: The bill may decrease fee revenue from providing medical record copies
at state mental health institutions (the state hospitals and the Neuro Diagnostic Institute). Since the fee
revenue offsets state expenditures, any fiscal impact is expected to be minimal.
Additional Information - Between FY 2021 and FY 2023, state mental health institutions received total
revenue for copy and report fees between $961 and $6,073. The Indiana Department of Health did not report
any revenue from copies and reports, but it is considered a provider for medical records.
Explanation of Local Expenditures:
HB 1438 1 Explanation of Local Revenues: The bill may impact fee revenue from copies and retrieval at locally owned
hospitals and local health departments.
State Agencies Affected: State mental health institutions; Indiana Department of Health.
Local Agencies Affected: Locally owned hospitals; local health departments.
Information Sources: Peoplesoft Financials FY 2021-FY 2024.
Fiscal Analyst: Karen Rossen, 317-234-2106.
HB 1438 2