1.1 A bill for an act 1.2 relating to health; changing provisions for the cost of health records; amending 1.3 Minnesota Statutes 2024, section 144.292, subdivision 6. 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.5 Section 1. Minnesota Statutes 2024, section 144.292, subdivision 6, is amended to read: 1.6 Subd. 6.Cost.(a) When a patient requests a copy of the patient's record for the patient's 1.7own purposes of reviewing current medical care, the provider must not charge a fee. 1.8 (b) Notwithstanding paragraph (a), when a provider or its representative makes copies 1.9of retrieves or reproduces patient records upon a patient's request under this section, the 1.10provider or its representative may charge the patient or the patient's representative no more 1.11than the following amount, unless other law or a rule or contract provide for a lower 1.12maximum charge: 1.13 (1) for paper copies, $1 per page, plus $10 for time spent retrieving and copying the 1.14records; 1.15 (1) for patient health records, excluding x-rays and other imaging: 1.16 (i) for a request for records that are no older than three years from the date of the request, 1.17a flat fee of $250; or 1.18 (ii) for a request that includes any records older than three years, a flat fee of $250, plus 1.19$0.40 per page; and 1.20 (2) for x-rays, a total of $30 for retrieving and reproducing x-rays; and other imaging, 1.21a $50 base fee, plus a fee of $25 per unique study. 1Section 1. 25-02859 as introduced02/20/25 REVISOR SGS/HL SENATE STATE OF MINNESOTA S.F. No. 1881NINETY-FOURTH SESSION (SENATE AUTHORS: LIESKE and Wesenberg) OFFICIAL STATUSD-PGDATE Introduction and first reading02/27/2025 Referred to Health and Human Services 2.1 (3) for electronic copies, a total of $20 for retrieving the records. 2.2 (c) For any copies of paper records provided under paragraph (b), clause (1), a provider 2.3or the provider's representative may not charge more than a total of: 2.4 (1) $10 if $20 for providing communication stating that there are no records available; 2.5or 2.6 (2) $30 for copies of records of up to 25 pages; 2.7 (3) $50 for copies of records of up to 100 pages; 2.8 (4) $50, plus an additional 20 cents per page for pages 101 and above; or 2.9 (5) $500 for any request. 2.10 (2) $1,500 for any request. 2.11 (d) Before retrieving or reproducing the patient's health records, a provider or its 2.12representative may require payment of the flat fee amount under paragraph (b), clause (1), 2.13item (i), unless the provider or the provider's representative issues a refund for the difference 2.14between the flat fee amount paid under paragraph (b), clause (1), item (i), and the amount 2.15charged under paragraph (c), clause (1), when there are no records available. 2.16 (e) The maximum charges provided in paragraphs (b) and (c) are effective for calendar 2.17year 2026 and may be adjusted annually each calendar year as provided in this subdivision. 2.18The permissible maximum charges shall change each year by an amount that reflects the 2.19change, as compared to the previous year, in the Consumer Price Index for all Urban 2.20Consumers, Minneapolis-St. Paul, published by the Department of Labor. 2.21 (d) (f) A provider or its representative may not charge a $10 retrieval fee, but must not 2.22charge a per page fee or x-ray fee to provide copies of more than $10 for any records provided 2.23under paragraph (b) for records requested by a patient or the patient's authorized 2.24representative if the request for copies of records is for purposes of appealing a denial of 2.25Social Security disability income or Social Security disability benefits under title II or title 2.26XVI of the Social Security Act. Notwithstanding the foregoing, a provider or its 2.27representative must not charge a fee, including a retrieval fee, to provide copies of records 2.28requested by a patient or the patient's authorized representative if the request for copies of 2.29records is for purposes of appealing a denial of Social Security disability income or Social 2.30Security disability benefits under title II or title XVI of the Social Security Act when the 2.31patient is receiving public assistance, represented by an attorney on behalf of a civil legal 2.32services program, or represented by a volunteer attorney program based on indigency. The 2Section 1. 25-02859 as introduced02/20/25 REVISOR SGS/HL 3.1patient or the patient's representative must submit one of the following to show that they 3.2are entitled to receive records without charge under this paragraph: 3.3 (1) a public assistance statement from the county or state administering assistance; 3.4 (2) a request for records on the letterhead of the civil legal services program or volunteer 3.5attorney program based on indigency; or 3.6 (3) a benefits statement from the Social Security Administration. 3.7For the purpose of further appeals, a patient may receive no more than two medical record 3.8updates without charge, but only for medical record information previously not provided. 3.9For purposes of this paragraph, a patient's authorized representative does not include units 3.10of state government engaged in the adjudication of Social Security disability claims. 3Section 1. 25-02859 as introduced02/20/25 REVISOR SGS/HL