§ 23-1-48. Reimbursement for medical record copies.
(a) The director shall promulgate rules and regulations that establish reasonable charges
for expenses incurred in responding to requests for copies of medical records by physicians
pursuant to § 5-37-22(c) and (d), and by any healthcare provider as defined in § 5-37.3-3 ("healthcare providerâ€�). The director may utilize data provided by the Rhode Island
health information management association or other similar local professional organization
in his or her determination as to the amount of the charges permitted by this section.
(b) A patient or a patient's authorized representative, as defined in § 5-37.3-3 ("patientâ€� or "authorized representativeâ€�), or a third-party requestor, also as defined
in § 5-37.3-3 ("third-party requestorâ€�), shall have the right to request a patient's medical records.
(c) If the healthcare provider utilizes patient's medical records, an electronic health
records system, or database:
(1) Any patient or any patient's authorized representative or any third-party requestor
shall have a right to obtain from any healthcare provider a copy of the patient's
records in an electronic format;
(2) Notwithstanding the provisions of subsection (a) of this section, the charges for
responding to requests for copies of medical records in electronic format shall not
exceed a fee for clerical services, research, and handling of twenty-five dollars
($25.00), inclusive of shipping costs and the costs of data retrieval and/or the data
storage device used to transport the medical records. Provided, however, that fifty
cents ($.50) per page for the first one hundred (100) pages and twenty-five cents
($.25) per page for all pages thereafter may be charged. In no event shall the charge
for pages exceed one hundred dollars ($100).
(d) If the healthcare provider does not utilize an electronic health records system or
database, the charges for responding to requests for copies of medical records shall
not exceed a fee for clerical services, research, and handling of twenty-five dollars
($25.00), inclusive of retrieval costs, plus actual shipping costs; provided, however,
that fifty cents ($.50) per page for the first one hundred (100) pages and twenty-five
cents ($.25) per page for all pages thereafter may be charged. In addition, the requestor
shall pay for the actual shipping costs incurred.
(e) Copies of X-rays or films not reproducible by photocopy shall be provided at the healthcare
provider's actual cost for materials and supplies. In addition, the requestor shall
pay reasonable fees for clerical services, research, and handling, not to exceed twenty-five
dollars ($25.00), plus actual shipping costs incurred.
(f) A special handling fee of ten dollars ($10.00) may be charged if the records must
be delivered to the patient or authorized representative or third-party requestor
within forty-eight (48) hours of the request.