OCR Clarifies "Reasonable, Cost-Based" Fee Calculations For Access To Medical Records

By couching its position in an individual's right to access protected health information (PHI), beginning on January 7, 2016, the U.S. Department of Health & Human Services' Office for Civil Rights (OCR) issued guidance to covered entities clarifying access to PHI set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA). §45 C.F.R. 164.524.

Specifically, HIPAA allows covered entities to charge an individual only a "reasonable, cost-based fee" to obtain a copy of his or her medical records. This fee can include only the cost of:

1. Labor for copying the PHI, whether in paper or electronic form;
2. Supplies for creating the paper copy or electronic media (e.g., CD-ROM or flash drive);