Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0495 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 606
3		-	By Bailey
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 495
6	5		By Baum
7	6
8	7
9	8		HB0495
10	9		002331
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 63
14	13		and Title 68, relative to medical records.
15	14
16	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	16		SECTION 1. Tennessee Code Annotated, Section 68-11-304(a)(2)(A), is amended by
18	17		deleting the subdivision and substituting:
19	18		(2)
20	19		(A) For records other than those involving workers' compensation cases:
21	20		(i) The party requesting the patient's medical records in paper
22	21		format is responsible to the provider or the provider's third-party release
23	22		of information provider for the reasonable costs of copying and mailing
24	23		the patient's records. Such reasonable costs must not exceed:
25	24		(a) Twenty-five dollars ($25.00) for paper copies of
26	25		medical records five (5) pages or less in length;
27	26		(b) Fifty cents (50¢) per page for each page copied after
28	27		the first five (5) pages;
29	28		(c) Twenty dollars ($20.00) per printed film for producing
30	29		radiology images in hard copy; and
31	30		(d) The actual cost of mailing;
32	31		(ii) If a party described in subdivision (a)(2)(A)(i) requests
33	32		certification or notarization, then a certification or notary fee must be
34	33		charged as a flat fee of twenty dollars ($20.00);
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36	35
37	36		- 2 - 002331
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39	38		(iii) The party requesting the patient's records in electronic format
40	39		is responsible to the provider or the provider's third-party release of
41	40		information provider for the following fees:
42	41		(a) The reasonable fees for fulfilling a patient's request for
43	42		the patient's own records are governed by the Health Insurance
44	43		Portability and Accountability Act (HIPAA) of 1996 (42 U.S.C. §
45	44		1320d et seq.), and the Health Information Technology for
46	45		Economic and Clinical Health (HITECH) Act (42 U.S.C. § 201 et
47	46		seq.), and those acts implementing regulations, which must not
48	47		exceed the cost of the following:
49	48		(1) Labor for copying the protected health
50	49		information requested by the individual;
51	50		(2) Supplies for creating the paper copy, or
52	51		electronic media if the individual requests that the
53	52		electronic copy be provided on portable media; and
54	53		(3) Postage, when the individual has requested the
55	54		copy, summary, or explanation be mailed; and
56	55		(b) For all other requesters, the total fees for electronic
57	56		medical records provided via portable media, electronic mail, or
58	57		medical record portal, must comply with the following:
59	58		(1) The total charges must be no more than five
60	59		dollars ($5.00) for records ten (10) pages or less in length;
61	60		(2) The total charges must be no more than
62	61		twenty-five cents (25¢) per page for each page after the
63	62		first ten (10) pages, up to twenty-five dollars ($25.00);
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68	67		(3) The mailing costs and applicable taxes, if any,
69	68		must be the actual mailing costs and applicable taxes;
70	69		(4) The fee for producing electronic copies of
71	70		radiology images must be no more than twenty-five dollars
72	71		($25.00) per request for CD, DVD, or USB, or fifteen
73	72		dollars ($15.00) per request for electronic files emailed or
74	73		sent via medical record portal;
75	74		(5) If certification or notarization is requested, then
76	75		a certification or notary fee must be charged as a flat fee of
77	76		twenty dollars ($20.00);
78	77		(6) Charges for copying paper records or faxing
79	78		paper records are subject to the limits set in subdivisions
80	79		(a)(2)(A)(i); and
81	80		(7) The fees charged for reproducing records of
82	81		patients involved in a claim or appeal of denial for social
83	82		security disability benefits must be a flat fee of twenty
84	83		dollars ($20.00), only when the records are produced
85	84		electronically;
86	85		(iv) Upon request, a person providing records pursuant to this
87	86		section shall provide the records in electronic form unless the records are
88	87		not kept in electronic form in the usual course of business;
89	88		(v) A third-party release of information provider of record copying
90	89		and related services is subject to the fee limits contained in this section
91	90		and shall not impose a charge or fee for such service in excess of such
92	91		fee limits; and
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94	93
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97	96		(vi) The fees charged for reproducing records of patients involved
98	97		in a workers' compensation claim are as specified in § 50-6-204.
99	98		SECTION 2. Tennessee Code Annotated, Section 68-11-304(d), is amended by
100	99		deleting the subsection.
101	100		SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.
102	101