2021 maximum charges for copies of medical records in Florida

Florida recognizes that patients’ access to their medical records is important and necessary for continuity of care and urges health care providers to give patients a copy of their medical records at no cost, especially when the patient has limited means. In order to protect patients and enhance quality of care, Florida statutes and regulations define the maximum permitted costs for copies of medical records, X-rays, and insurance information under various circumstances as defined in this article.

Continuity of care. Patients in Florida are not required to pay a fee for copies or searches of their records when the copy or search is done to assist in continued medical care.

Hospitals and licensed facilities. Florida law (F.S.A. § 395.3025) establishes that a licensed facility such as a hospital or a surgery center must timely provide (without delay for legal review) true and correct copies of all the patient’s records, including x-rays and insurance information, that are in the facility’s possession, to any patient (or a patient’s guardian, curator, personal representative, parent of a minor, authorized designee, or the next of kin of a decedent) that requests so post-discharge, provided the requestor agrees to pay a charge.

As of the date of publication of this article, the fees charged by the hospital or facility may not exceed the following (2020):

• $1 per page for paper records.
• $2 for non-paper records.
• $1 fee for each year of records requested.
• Actual costs (the cost of materials and supplies to duplicate the record and labor/overhead costs to do the duplication) for reproducing X-rays and other special kinds of records such as MRIs, CT-scans, etc.
• Postage and sales tax.

Worker’s compensation. Under Florida’s workers' compensation rules (Section 69L-7.601), health care providers and facilities may only charge injured individuals a fee up to $0.50 per page or the actual direct cost to the provider or facility for the reproduction of x-rays, micro-films, or other non-paper  records.

Psychiatric care and substance abuse. Section 394.4615 and Section 397.501 of the Florida Statutes says that these charges do not apply to records maintained at any licensed facility where the primary function is to provide psychiatric care to its patients or to records of treatment for any mental or emotional condition, nor does it apply to records of substance abuse impaired persons.

If you have any questions about charges for copies of medical records in Florida or any other state such as California, Colorado, Illinois, Michigan, New Jersey, New York, or Ohio, please contact the attorney below.