Can you be charged for requesting a copy of your PHI?

Patients can be charged a fee for requesting a copy of their protected health information (PHI), but the fee must comply with the guidelines set forth by the Health Insurance Portability and Accountability Act (HIPAA). The charges are regulated to ensure they are reasonable and cost-based.

HIPAA’s cost guidelines

According to the HHS, “The Privacy Rule permits a covered entity to impose a reasonable, cost-based fee to provide the individual (or the individual’s personal representative) with a copy of the individual’s PHI, or to direct the copy to a designated third party. The fee may include only the cost of certain labor, supplies, and postage.”

• Labor costs: Fees for the labor involved in copying or preparing the PHI. Fees may include tasks like scanning paper records or creating an electronic file.
• Supplies: Costs for materials such as paper, ink, toner, or electronic media (e.g., USB drives or CDs) used to deliver the PHI.
• Postage: If you request the records to be mailed, the provider can charge for the cost of postage.
• Preparation of a summary or explanation: If you request a summary or explanation of your PHI instead of a direct copy, the provider may charge a fee for preparing it. However, this is only applicable if you agree to it in advance.

What can’t be charged?

HIPAA explicitly prohibits healthcare providers from charging fees for:

• Retrieval costs: Providers cannot charge for searching for or retrieving your records.
• Overhead costs: General administrative expenses, such as maintaining electronic health record systems, cannot be passed on to patients.

See also: HIPAA Compliant Email: The Definitive Guide

FAQs

What should I do if I can’t afford the fees?

Discuss your situation with the provider. They may offer payment plans or waive the fees in certain cases.

Can someone else request my PHI on my behalf?

Yes, but they must have your written authorization or legal authority, such as power of attorney.

What if my PHI contains errors?

You have the right to request an amendment to your PHI if you believe it contains inaccuracies.