MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A
By: Representative Baker
AN ACT TO AMEND SECTION 11-1-52, MISSISSIPPI CODE OF 1972, TO REVISE HOW ANY MEDICAL PROVIDER OR HOSPITAL OR NURSING HOME OR OTHER MEDICAL FACILITY MAY CHARGE FOR COPIES OF PATIENT RECORDS; TO REQUIRE THAT WRITTEN NOTICE OF THE ELECTRONIC AND IMAGING OPTIONS BE PROVIDED TO ANY PERSON WHO REQUESTS RECORDS; 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: (a) For providing copies on paper: 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; (b) For providing copies in electronic format, other than imaging media: No more than One Hundred Dollars ($100.00); (c) For providing copies of imaging media in electronic format: No more than Two Hundred Dollars ($200.00). 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, when the affidavit is requested by the patient or the patient's representative.
(4) In charging the fees authorized under subsection (1) of this section, the medical provider, hospital, nursing home or other medical facility shall comply with the federal Health Insurance Portability and Accountability Act (HIPAA).
(5) Before charging any fees under subsection (1) of this section, the medical provider, hospital, nursing home or other medical facility shall provide to any person who requests records under subsection (1) of this section written notice that informs the requesting person that such records may be provided in an electronic format or other imaging media.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.