Michigan Laws 333.26269 – Fee
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(1) Except as otherwise provided in this section, if a patient or his or her authorized representative makes a request for a copy of all or part of his or her medical record under section 5, the health care provider, health facility, or medical records company to which the request is directed may charge the patient or his or her authorized representative a fee that is not more than the following amounts:
(a) An initial fee of $20.00 per request for a copy of the record.
Terms Used In Michigan Laws 333.26269
- Authorized representative: means any of the following:
(i) A person empowered by the patient by explicit written authorization to act on the patient's behalf to access, disclose, or consent to the disclosure of the patient's medical record, in accordance with this act. See Michigan Laws 333.26263Detroit consumer price index: means the most comprehensive index of consumer prices available for the Detroit area from the bureau of labor statistics of the United States department of labor. See Michigan Laws 333.26263 Health care: means any care, service, or procedure provided by a health care provider or health facility to diagnose, treat, or maintain a patient's physical condition, or that affects the structure or a function of the human body. See Michigan Laws 333.26263 Health care provider: means a person who is licensed or registered or otherwise authorized under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26263 Health facility: means a health facility or agency licensed under article 17 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 333.26263 Medical record: means information oral or recorded in any form or medium that pertains to a patient's health care, medical history, diagnosis, prognosis, or medical condition and that is maintained by a health care provider or health facility in the process of caring for the patient's health. See Michigan Laws 333.26263 Medical records company: means a person who stores, locates, or copies medical records for a health care provider or health facility under a contract or agreement with that health care provider or health facility and charges a fee for providing medical records to a patient or his or her authorized representative for that health care provider or health facility. See Michigan Laws 333.26263 Medically indigent individual: means that term as defined in section 106 of the social welfare act, 1939 PA 280, MCL 400. See Michigan Laws 333.26263 Patient: means an individual who receives or has received health care from a health care provider or health facility. See Michigan Laws 333.26263 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) Paper copies as follows:
(i) One dollar per page for the first 20 pages.
(ii) Fifty cents per page for pages 21 through 50.
(iii) Twenty cents for pages 51 and over.
(c) If the medical record is in some form or medium other than paper, the actual cost of preparing a duplicate.
(d) Any postage or shipping costs incurred by the health care provider, health facility, or medical records company in providing the copies.
(e) Any actual costs incurred by the health care provider, health facility, or medical records company in retrieving medical records that are 7 years old or older and not maintained or accessible on-site.
(2) A health care provider, health facility, or medical records company may refuse to retrieve or copy all or part of a medical record for a patient or his or her authorized representative until the applicable fee is paid.
(3) A health care provider, health facility, or medical records company shall not charge a fee for retrieving, copying, or mailing all or part of a medical record other than a fee allowed under subsection (1). Except as otherwise provided in subsection (4), a health care provider, health facility, or medical records company shall waive all fees for a medically indigent individual. The health care provider, health facility, or medical records company may require the patient or his or her authorized representative to provide proof that the patient is a recipient of assistance as described in this subsection.
(4) A medically indigent individual that receives copies of medical records at no charge under subsection (3) is limited to 1 set of copies per health care provider, health facility, or medical records company. Any additional requests for the same records from the same health care provider, health facility, or medical records company shall be subject to the fee provisions under subsection (1).
(5) Notwithstanding subsection (1), a health care provider, health facility, or medical records company shall not charge a patient an initial fee for his or her medical record.
(6) Beginning 2 years after the effective date of this act, the department of community health shall adjust on an annual basis the fees prescribed by subsection (1) by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit consumer price index.