Thanks Scott,
It's pretty clear here in Maine that it is legal to charge for records. Ironically, it is the statute that was written more to keep anyone from overcharging. The attorney for the Maine Medical Association interprets the phrase "patient's authorized representative" to include a new physician's office.
I don't think there is anything in HIPAA which would preclude someone from charging for records.
As usual in these situations, much of this is dictated by the way it has always been. I think a lot of patients are under the impression that the first copy is free when in reality it has always been a courtesy. So, if you do charge (which just makes sense if you really think about it), it seems to everyone that it is outrageous.
Of course, I could ask my actual practice attorney. Then, after he found the correct statutes he could copy it and fax it to me and charge me for both the copying and faxing. As you probably know, it is itemized right there on the bill even if it is just one fax page. But, as physicians, we are expected to bear the brunt of all the charges.
I have basically come to the reality that it probably isn't worth it. I have to put the record together, do that math, send ot a letter which I normally wouldn't informing the patient the records will be sent when the payment is received covering the copying, etc. Then, I have to have my staff receive an angry phone call and possibly a letter from an attorney who may not know the law. Then you get calls from the other office wondering why the records haven't been forwarded. All for about $30 to $40 and possibly a little satisfaction if one is willing to admit to it.
http://janus.state.me.us/legis/statutes/22/title22sec1711-A.html
