MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Public Health and Human Services

By: Representative Upshaw

House Bill 1235

AN ACT TO AMEND SECTION 11-1-52, MISSISSIPPI CODE OF 1972, TO LIMIT THE AMOUNT MEDICAL PROVIDERS CAN CHARGE FOR A MEDICAL RECORDS AFFIDAVIT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 11-1-52, Mississippi Code of 1972, is amended as follows:

11-1-52. (1) Any medical provider or hospital or nursing home or other medical facility shall charge no more than the following amounts to patients or their representatives for photocopying any patient's records: Twenty Dollars ($20.00) for pages one (1) through twenty (20); One Dollar ($1.00) per page for the next eighty (80) pages; Fifty Cents (50) per page for all pages thereafter. Ten percent (10%) of the total charge may be added for postage and handling. Fifteen Dollars ($15.00) may be recovered by the medical provider or hospital or nursing home or other medical facility for retrieving medical records in archives at a location off the premises where the facility/office is located.

(2) A physician shall only charge normal, reasonable and customary charges for a deposition related to a patient that the physician is treating or has treated.

(3) Any medical provider, hospital, nursing home or other medical facility shall charge no more than Twenty-five Dollars ($25.00) for executing a medical record affidavit.

SECTION 2. This act shall take effect and be in force from and after its passage.