Provided by:  Jennifer Kirschenbaum, Esq.

May 20, 2021

 

Question:

Hi Jennifer, 

All of my records are paper.  I do not have an EMR. Can I legally charge patients 75 cents a page (whether for PDF or paper copies)? Can I legally have a 14-day delay between the request and provision of the copies? Can I legally maintain my current practice of using paper charts, rather than converting to an EMR system?

Thank you for addressing. 
Dr. R


Answer:

Written by: Zack Sher, Esq.:Zsher@kirschenbaumesq.com

Very topical questions.  With the Blocking Rule, it may seem as though paper charts are illegal.  Well, they are not, and you are not alone.  There are other practitioners with paper charts.   So, to address your questions - 

  1. Can I legally charge patients 75 cents a page (whether for PDF or paper copies)?

 
Yes, according to the New York State Department of Health, you are permitted to charge no more than 75 cents a page, plus postage, for paper copies of medical records. However, you may not deny a patient access to their medical for the sole reason being that they are unable to pay the associated fee. This charge is considered to be a reasonable charge for the physician’s cost of the medical records.  (Source: https://www.health.ny.gov/publications/1443/)
 

  1. Can I legally have a 14-day delay between the request and provision of the copies?


Yes, you legally are able to take up to 14 days to share the medical records with the patient. According to the New York State Department of Health, the law does not provide a definitive time period by which the copies of the medical records must be provided, however, they must be provided within a “reasonable time.” The Health Department considers between 10-14 days reasonable. (Source: https://www.health.ny.gov/publications/1443/ )
 

  1. Can I legally maintain my current practice of using paper charts, rather than converting to an EMR system?

 
Yes, you may continue to utilize your current practice of using paper charts. The ONC Cures Act applies only to the access, exchange and use of electronic records. It does not apply to practices which provide paper records. (Source: https://www.acponline.org/practice-resources/business-resources/health-information-technology/interoperability-and-information-blocking-regulations/things-to-know-about-information-blocking-cms-onc )
 
Hope this helps!