RESOURCES
Massachusetts Record Retention Changes
Massachusetts Cost Containment Law (chapter 305 of the Acts of
2008)
Important changes
the law provides for include:
a. the revision of the legal medical record to include paper or hard copy records, records
created in various electronic and digital mediums as well as those
hard copy records that are converted to a digital media
b. reduction of retention of
medical records from 30 years to 20 years (impacting hospitals and
ambulatory surgical centers, records may be destroyed 20 years after
the discharge or final treatment of the patient)
c. a notification process for the
DPH and patients regarding the destruction of records
Massachusetts Medical Record
Copying Fee
2012
Effective October 1, 2011 Chapter 135 of the Acts of 2003 allows
Massachusetts medical record copying fees to be increased
for FY2013 by 3.11%. The maximum rate that providers may
charge for medical records starting October 1, 2011 is:
-
$19.84 base charge for
the clerical and other administrative expenses related to
complying with the request for making a copy of the record;
(excludes requests made by a patient)
****
-
$0.67 per-page charge
of the first 100 pages copied; and
-
$0.35 per-page charge
for each page in excess of 100 pages;
-
Provider is allowed to charge an additional fee
related to the cost of postage (regular or priority/next day
mailing);
-
The provider is allowed to charge for the cost of
developing an
explanation/summary of the medical information if requested.
However, a separate/additional handling charge is prohibited if
the entity is charging the base fee as well.
Providers should be aware that fees must be waived for any request
that is made by a patient for a record used for an administrative,
claims, or eligibility review with Medicare, MassHealth, or other
public assistance programs. Requests made by any party other than patient or patient’s personal
representative, may be charged the base free for administrative
expenses.
The law establishes basis for which the fees may be set and may be
set lower than base charge but not higher.
****Massachusetts Hospital Association recommends that providers
should only charge the per page rate as the base rate is preempted
by HIPAA provisions.
