1.1Senator Lieske moved to amend
S.F. No. 4699 as follows:
1.2Page 516, delete section 7 and insert:
1.3 "Sec. 7. Minnesota Statutes 2022, section 144.292, subdivision 6, is amended to read:
1.4 Subd. 6.
Cost. (a) When a patient requests a copy of the patient's record for purposes of
1.5reviewing current medical care, the provider must not charge a fee.
1.6 (b) When a provider or its representative
makes copies of retrieves and reproduces patient
1.7records upon a patient's request under this section
that is not covered by paragraph (a), the
1.8provider or its representative may charge the patient or the patient's representative
no more
1.9than
75 cents per page, plus $10 for time spent retrieving and copying the records, unless
1.10other law or a rule or contract provide for a lower maximum charge. This limitation
does
1.11not apply to x-rays. The provider may charge a patient no more than the actual cost
of
1.12reproducing x-rays, plus no more than $10 for the time spent retrieving and copying
the
1.13x-rays. the following amount, unless other law, rule, or contract provides for a lower
1.14maximum charge:
1.15(1) for a request for patient's health records, not including x-rays or other imaging,
that
1.16from the date of the request that:
1.17(i) all records requested are no older than three years, a flat fee of $250; or
1.18(ii) records requested include records that are older than three years, $1.68 per
page,
1.19plus $22.47; or
1.20(2) for x-rays, and other imaging, a $50 base fee, plus a fee of $25 per unique image.
1.21(c) For any records provided under paragraph (b), a provider or the provider's
1.22representative shall:
1.23(1) not charge any amount if there are no records available;
1.24(2) not charge more than a total of $2,000 for any request; and
1.25(3) require payment from the patient or the patient's representative before retrieving
or
1.26reproducing the patient's health records of the flat fee amount under paragraph (b),
clause
1.27(1), item (i), if the provider or the provider's representative issues a refund for
the amount
1.28charged under paragraph (c), clause (1), if there are no records available.
1.29 (c) (d) The respective maximum charges
of 75 cents per page and $10 for time provided
1.30in
this subdivision paragraphs (b) and (c) are in effect for calendar year
1992 2024 and may
1.31be adjusted annually each calendar year as provided in this subdivision. The permissible
2.1maximum charges shall change each year by an amount that reflects the change, as compared
2.2to the previous year, in the Consumer Price Index for all Urban Consumers, Minneapolis-St.
2.3Paul (CPI-U), published by the Department of Labor.
2.4 (d) (e) A provider or its representative may
not charge
the more than a total of $10
2.5retrieval fee, but must not charge a per page fee to provide copies of for any records provided
2.6under paragraph (b) for records requested by a patient or the patient's authorized
2.7representative if the request for copies of records is for purposes of appealing a
denial of
2.8Social Security disability income or Social Security disability benefits under title
II or title
2.9XVI of the Social Security Act; except that no fee shall be charged to a patient who
is
2.10receiving public assistance, or to a patient who is represented by an attorney on
behalf of a
2.11civil legal services program or a volunteer attorney program based on indigency. For
the
2.12purpose of further appeals, a patient may receive no more than two medical record
updates
2.13without charge, but only for medical record information previously not provided. For
2.14purposes of this paragraph, a patient's authorized representative does not include
units of
2.15state government engaged in the adjudication of Social Security disability claims."
2.16Amend the title accordingly
2.17The motion prevailed. #did not prevail. So the amendment was #not adopted.