HB 495 - SB 606 FISCAL NOTE Fiscal Review Committee Tennessee General Assembly March 6, 2025 Fiscal Analyst: Chris Higgins | Email: chris.higgins@capitol.tn.gov | Phone: 615-741-2564 HB 495 - SB 606 SUMMARY OF BILL: Establishes that the reasonable costs for copying and mailing a patient's hospital medical records in paper format, other than for workers' compensation cases, must not exceed: (1) $25 for paper copies of records of 5 pages or less in length; (2) $0.50 per page after the first 5 pages; (3) $20 per printed film for producing radiology images in hard copy; (4) the actual cost of mailing; and (5) a flat fee of $20 for a certification or notary fee, if certification or notarization is requested. Establishes that a patient requesting the patient's own hospital medical records in electronic format, other than for workers' compensation cases, is responsible for paying reasonable fees which must not exceed the cost of labor, supplies, and postage used to produce such records. Establishes, for requesters other than the patient, that the fees for electronic medical records provided via portable media, electronic mail, or medical record portal must comply with the following: (1) a maximum of $5 for records of 10 pages or less in length; (2) a maximum of $0.25 per page after the first 10 pages, up to $25; (3) the mailing costs and applicable taxes, if any, must be the actual mailing costs and applicable taxes; (4) a maximum of $25 per request for copies of radiology images; (5) a certification or notary fee must be a flat fee of $20; and (6) the fees charged for reproducing records of patients involved in a claim or appeal of denial for social security disability benefits must be a flat fee of $20, only when the records are produced electronically. Requires patient hospital records to be provided in electronic form unless the records are not kept in electronic form in the usual course of business. FISCAL IMPACT: NOT SIGNIFICANT Assumptions: • Pursuant to Tenn. Code Ann. § 68-11-304(a)(2)(A), the party requesting the patient's hospital records shall be responsible for the reasonable costs of copying and mailing the patient's records, and the charges to a patient or a lawyer authorized by the patient to review the patient's records shall not exceed the reasonable costs for copying and the actual costs of mailing the records. • The reasonable charges of copying and mailing a patient's hospital records, other than for workers' compensation cases, are limited to $18 for records five pages or less; an additional charge per page after the fifth page; and a $20 fee for certifying medical records. HB 495 - SB 606 2 • The proposed legislation will limit the amounts a hospital may charge for copying and mailing patient medical records to amounts similar to those prescribed for healthcare providers under Tenn. Code Ann. § 63-2-102. • The cost of requesting hospital medical records will be borne primarily by private parties. • It is assumed that public hospitals will continue to collect fees only in an amount sufficient to copy and mail records. • Limiting the allowable fees for copying hospital medical records will not have a significant impact on state and local government revenue or expenditures; therefore, any fiscal impact is estimated to be not significant. CERTIFICATION: The information contained herein is true and correct to the best of my knowledge. Bojan Savic, Executive Director