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Important changes the law provides for include:
Home Health Conditions of Participation - §484.110(e) Standard: Retrieval of clinical records.
A patient’s clinical record (whether hard copy or electronic form) must be made available to a patient, free of charge, upon request at the next home visit, or within 4 business days (whichever comes first).
MA State Requirement - For the period, effective October 1, 2019, we have determined that the rate using these indices has increased by 2.002%, which would result in a maximum state-based rate for copying fees as follows:
$25.01 base charge for clerical and other administrative expenses related to complying with the request for making a copy of the record; ·
$0.84 per-page charge for the first 100 pages copied; and · $0.43 per-page charge for each page in excess of 100 pages. https://www.mahima.org/wp-
Federal Requirement - a healthcare provider, or a business associate operating on its behalf, may charge an individual a reasonable, cost-based fee that covers certain labor, supply, and postage costs incurred in connection with copying the protected health information (PHI) requested by the individual (or creating a summary or explanation of the information, if the individual agrees). The fee must be calculated in one of the following manners: (1) by calculating actual allowable costs to fulfill each request; (2) by using a schedule of costs based on average allowable labor costs to fulfill standard requests; or (3) in the case of requests for an electronic copy of PHI maintained electronically, a flat fee not to exceed $6.50 (including all labor, supplies, and postage). The provider, or its business associate, must inform the individual of the approximate fees in advance. In addition, because the fee may vary based on the form and format and manner of access requested or agreed to by the individual, the provider must, at the time such details are being negotiated or arranged, inform the individual of any fees that may be assessed as a result of the form, format and manner requested (or agreed to) by the individual.