MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Public Health and Human Services
By: Representative Sanford
AN ACT TO AMEND SECTION 11-1-52, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT HEALTH CARE PROVIDERS AND FACILITIES SHALL COMPLY WITH THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) IN CHARGING FEES FOR PROVIDING AN INDIVIDUAL'S PROTECTED HEALTH INFORMATION TO THE INDIVIDUAL; TO PROVIDE THAT HEALTH CARE PROVIDERS AND FACILITIES SHALL BE SUBJECT TO THE FEE SCHEDULE IN THIS SECTION IN CHARGING FEES FOR PHOTOCOPYING AND PROVIDING AN INDIVIDUAL'S PROTECTED HEALTH INFORMATION TO A THIRD PARTY; TO SET THE MAXIMUM AMOUNTS OF FEES THAT HEALTH CARE PROVIDERS AND FACILITIES MAY CHARGE FOR SENDING AN INDIVIDUAL'S PROTECTED HEALTH INFORMATION ELECTRONICALLY TO OR REPRODUCING THE INFORMATION IN ELECTRONIC FORMAT FOR A THIRD PARTY; 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) In charging fees for providing to an individual his or her protected health information as requested by the individual or his or her personal representative, a covered entity shall comply with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, and its implementing regulations.
(2) In charging fees for providing an individual's protected health information to a third party at the direction of the individual or his or her personal representative, or for providing an individual's protected health information to a third party that has been authorized to access the individual's protected health information by a HIPAA authorization form signed by the individual or his or her authorized representative:
(a) * * * A medical provider or hospital or
nursing home or other medical facility shall charge no more than the following
amounts to * * *
individuals or their personal representatives for photocopying
any * * *
protected health information of the individual:
(i) 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.
(ii) Ten percent (10%) of the total charge may be added for postage and handling.
(iii) 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.
(b) A medical provider or hospital or nursing home or other medical facility shall charge no more than the following amounts to individuals or their personal representatives for providing electronic records of any protected health information of the individual to third parties as described in subsection (2) of this section:
(i) If the individual's protected health information is maintained electronically by or on behalf of the provider or facility and the individual or his or her representative requests the information to be sent electronically to or reproduced in electronic format for a third party, Thirty Dollars ($30.00) regardless of the number of pages, plus the actual cost of any supplies needed to reproduce the information in portable electronic media (e.g. a CD or USB drive), and the actual cost of any postage if the portable electronic media is mailed.
(ii) If the individual's protected health information is not maintained electronically by or on behalf of the provider or facility and the individual or his or her representative requests the information to be sent electronically to or reproduced in electronic format for a third party, the actual cost of the provider or facility for time and labor in converting the information to electronic format but not exceeding Twenty-five Cents (25¢) per page, plus the actual cost of any supplies needed to reproduce the information in portable electronic media (e.g. a CD or USB drive), and the actual cost of any postage if the portable electronic media is mailed.
( * * *3) 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.
( * * *4) 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.
* * *
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.