1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to health; changing provisions for the cost of health records; amending |
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3 | 3 | | 1.3 Minnesota Statutes 2024, section 144.292, subdivision 6. |
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4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 144.292, subdivision 6, is amended to read: |
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6 | 6 | | 1.6 Subd. 6.Cost.(a) When a patient requests a copy of the patient's record for the patient's |
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7 | 7 | | 1.7own purposes of reviewing current medical care, the provider must not charge a fee. |
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8 | 8 | | 1.8 (b) Notwithstanding paragraph (a), when a provider or its representative makes copies |
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9 | 9 | | 1.9of retrieves or reproduces patient records upon a patient's request under this section, the |
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10 | 10 | | 1.10provider or its representative may charge the patient or the patient's representative no more |
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11 | 11 | | 1.11than the following amount, unless other law or a rule or contract provide for a lower |
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12 | 12 | | 1.12maximum charge: |
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13 | 13 | | 1.13 (1) for paper copies, $1 per page, plus $10 for time spent retrieving and copying the |
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14 | 14 | | 1.14records; |
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15 | 15 | | 1.15 (1) for patient health records, excluding x-rays and other imaging: |
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16 | 16 | | 1.16 (i) for a request for records that are no older than three years from the date of the request, |
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17 | 17 | | 1.17a flat fee of $250; or |
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18 | 18 | | 1.18 (ii) for a request that includes any records older than three years, a flat fee of $250, plus |
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19 | 19 | | 1.19$0.40 per page; and |
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20 | 20 | | 1.20 (2) for x-rays, a total of $30 for retrieving and reproducing x-rays; and other imaging, |
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21 | 21 | | 1.21a $50 base fee, plus a fee of $25 per unique study. |
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22 | 22 | | 1Section 1. |
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23 | 23 | | REVISOR SGS/HL 25-0285902/20/25 |
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24 | 24 | | State of Minnesota |
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25 | 25 | | This Document can be made available |
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26 | 26 | | in alternative formats upon request |
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27 | 27 | | HOUSE OF REPRESENTATIVES |
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28 | 28 | | H. F. No. 2070 |
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29 | 29 | | NINETY-FOURTH SESSION |
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30 | 30 | | Authored by Dippel, Gillman and Reyer03/10/2025 |
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31 | 31 | | The bill was read for the first time and referred to the Committee on Health Finance and Policy 2.1 (3) for electronic copies, a total of $20 for retrieving the records. |
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32 | 32 | | 2.2 (c) For any copies of paper records provided under paragraph (b), clause (1), a provider |
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33 | 33 | | 2.3or the provider's representative may not charge more than a total of: |
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34 | 34 | | 2.4 (1) $10 if $20 for providing communication stating that there are no records available; |
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35 | 35 | | 2.5or |
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36 | 36 | | 2.6 (2) $30 for copies of records of up to 25 pages; |
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37 | 37 | | 2.7 (3) $50 for copies of records of up to 100 pages; |
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38 | 38 | | 2.8 (4) $50, plus an additional 20 cents per page for pages 101 and above; or |
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39 | 39 | | 2.9 (5) $500 for any request. |
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40 | 40 | | 2.10 (2) $1,500 for any request. |
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41 | 41 | | 2.11 (d) Before retrieving or reproducing the patient's health records, a provider or its |
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42 | 42 | | 2.12representative may require payment of the flat fee amount under paragraph (b), clause (1), |
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43 | 43 | | 2.13item (i), unless the provider or the provider's representative issues a refund for the difference |
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44 | 44 | | 2.14between the flat fee amount paid under paragraph (b), clause (1), item (i), and the amount |
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45 | 45 | | 2.15charged under paragraph (c), clause (1), when there are no records available. |
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46 | 46 | | 2.16 (e) The maximum charges provided in paragraphs (b) and (c) are effective for calendar |
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47 | 47 | | 2.17year 2026 and may be adjusted annually each calendar year as provided in this subdivision. |
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48 | 48 | | 2.18The permissible maximum charges shall change each year by an amount that reflects the |
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49 | 49 | | 2.19change, as compared to the previous year, in the Consumer Price Index for all Urban |
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50 | 50 | | 2.20Consumers, Minneapolis-St. Paul, published by the Department of Labor. |
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51 | 51 | | 2.21 (d) (f) A provider or its representative may not charge a $10 retrieval fee, but must not |
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52 | 52 | | 2.22charge a per page fee or x-ray fee to provide copies of more than $10 for any records provided |
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53 | 53 | | 2.23under paragraph (b) for records requested by a patient or the patient's authorized |
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54 | 54 | | 2.24representative if the request for copies of records is for purposes of appealing a denial of |
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55 | 55 | | 2.25Social Security disability income or Social Security disability benefits under title II or title |
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56 | 56 | | 2.26XVI of the Social Security Act. Notwithstanding the foregoing, a provider or its |
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57 | 57 | | 2.27representative must not charge a fee, including a retrieval fee, to provide copies of records |
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58 | 58 | | 2.28requested by a patient or the patient's authorized representative if the request for copies of |
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59 | 59 | | 2.29records is for purposes of appealing a denial of Social Security disability income or Social |
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60 | 60 | | 2.30Security disability benefits under title II or title XVI of the Social Security Act when the |
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61 | 61 | | 2.31patient is receiving public assistance, represented by an attorney on behalf of a civil legal |
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62 | 62 | | 2.32services program, or represented by a volunteer attorney program based on indigency. The |
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63 | 63 | | 2Section 1. |
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64 | 64 | | REVISOR SGS/HL 25-0285902/20/25 3.1patient or the patient's representative must submit one of the following to show that they |
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65 | 65 | | 3.2are entitled to receive records without charge under this paragraph: |
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66 | 66 | | 3.3 (1) a public assistance statement from the county or state administering assistance; |
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67 | 67 | | 3.4 (2) a request for records on the letterhead of the civil legal services program or volunteer |
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68 | 68 | | 3.5attorney program based on indigency; or |
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69 | 69 | | 3.6 (3) a benefits statement from the Social Security Administration. |
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70 | 70 | | 3.7For the purpose of further appeals, a patient may receive no more than two medical record |
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71 | 71 | | 3.8updates without charge, but only for medical record information previously not provided. |
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72 | 72 | | 3.9For purposes of this paragraph, a patient's authorized representative does not include units |
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73 | 73 | | 3.10of state government engaged in the adjudication of Social Security disability claims. |
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74 | 74 | | 3Section 1. |
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75 | 75 | | REVISOR SGS/HL 25-0285902/20/25 |
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