Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0606 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2	HOUSE BILL 495
3	3	By Baum
4	4
5	5	SENATE BILL 606
6	6	By Bailey
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8	8
9	9	SB0606
10	10	002331
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13	13	AN ACT to amend Tennessee Code Annotated, Title 63
14	14	and Title 68, relative to medical records.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Section 68-11-304(a)(2)(A), is amended by
18	18	deleting the subdivision and substituting:
19	19	(2)
20	20	(A) For records other than those involving workers' compensation cases:
21	21	(i) The party requesting the patient's medical records in paper
22	22	format is responsible to the provider or the provider's third-party release
23	23	of information provider for the reasonable costs of copying and mailing
24	24	the patient's records. Such reasonable costs must not exceed:
25	25	(a) Twenty-five dollars ($25.00) for paper copies of
26	26	medical records five (5) pages or less in length;
27	27	(b) Fifty cents (50¢) per page for each page copied after
28	28	the first five (5) pages;
29	29	(c) Twenty dollars ($20.00) per printed film for producing
30	30	radiology images in hard copy; and
31	31	(d) The actual cost of mailing;
32	32	(ii) If a party described in subdivision (a)(2)(A)(i) requests
33	33	certification or notarization, then a certification or notary fee must be
34	34	charged as a flat fee of twenty dollars ($20.00);
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39	39	(iii) The party requesting the patient's records in electronic format
40	40	is responsible to the provider or the provider's third-party release of
41	41	information provider for the following fees:
42	42	(a) The reasonable fees for fulfilling a patient's request for
43	43	the patient's own records are governed by the Health Insurance
44	44	Portability and Accountability Act (HIPAA) of 1996 (42 U.S.C. §
45	45	1320d et seq.), and the Health Information Technology for
46	46	Economic and Clinical Health (HITECH) Act (42 U.S.C. § 201 et
47	47	seq.), and those acts implementing regulations, which must not
48	48	exceed the cost of the following:
49	49	(1) Labor for copying the protected health
50	50	information requested by the individual;
51	51	(2) Supplies for creating the paper copy, or
52	52	electronic media if the individual requests that the
53	53	electronic copy be provided on portable media; and
54	54	(3) Postage, when the individual has requested the
55	55	copy, summary, or explanation be mailed; and
56	56	(b) For all other requesters, the total fees for electronic
57	57	medical records provided via portable media, electronic mail, or
58	58	medical record portal, must comply with the following:
59	59	(1) The total charges must be no more than five
60	60	dollars ($5.00) for records ten (10) pages or less in length;
61	61	(2) The total charges must be no more than
62	62	twenty-five cents (25¢) per page for each page after the
63	63	first ten (10) pages, up to twenty-five dollars ($25.00);
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68	68	(3) The mailing costs and applicable taxes, if any,
69	69	must be the actual mailing costs and applicable taxes;
70	70	(4) The fee for producing electronic copies of
71	71	radiology images must be no more than twenty-five dollars
72	72	($25.00) per request for CD, DVD, or USB, or fifteen
73	73	dollars ($15.00) per request for electronic files emailed or
74	74	sent via medical record portal;
75	75	(5) If certification or notarization is requested, then
76	76	a certification or notary fee must be charged as a flat fee of
77	77	twenty dollars ($20.00);
78	78	(6) Charges for copying paper records or faxing
79	79	paper records are subject to the limits set in subdivisions
80	80	(a)(2)(A)(i); and
81	81	(7) The fees charged for reproducing records of
82	82	patients involved in a claim or appeal of denial for social
83	83	security disability benefits must be a flat fee of twenty
84	84	dollars ($20.00), only when the records are produced
85	85	electronically;
86	86	(iv) Upon request, a person providing records pursuant to this
87	87	section shall provide the records in electronic form unless the records are
88	88	not kept in electronic form in the usual course of business;
89	89	(v) A third-party release of information provider of record copying
90	90	and related services is subject to the fee limits contained in this section
91	91	and shall not impose a charge or fee for such service in excess of such
92	92	fee limits; and
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97	97	(vi) The fees charged for reproducing records of patients involved
98	98	in a workers' compensation claim are as specified in § 50-6-204.
99	99	SECTION 2. Tennessee Code Annotated, Section 68-11-304(d), is amended by
100	100	deleting the subsection.
101	101	SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.
102	102