(a) A licensee or other person may charge a reasonable
administrative fee not to exceed $50 for providing routine patient
records in a digital-only format.
(b) A licensee or other person may charge a reasonable
administrative fee not to exceed $25 for the first page of paper-only
copies of routine patient records, plus $0.25 per additional page.
(c) A licensee or other person may charge a reasonable
administrative fee not to exceed $50 for the first page of non-digital
copies of routine films or other static diagnostic imaging studies,
plus $1.00 per additional page.
(d) A licensee or other person may charge an additional
reasonable administrative fee for providing patient records under
subsection (a) of this section if:
(1) the digital records are voluminous and not routine;
and
(2) the licensee or other person provides a written
explanation of the need for the fee.
(e) A licensee or other person may charge a separate
fee for the actual costs of mailing, shipping, notarizing documents,
or delivery of patient records.
(f) A licensee or other person shall notify the requestor
of patient records of any fee within five business days of receipt
of the request.
(g) If a licensee or other person does not receive
the fee within ten business days after the requestor was notified
of the fee, the licensee or other person shall notify the requestor
of the need for payment.
(h) A licensee or other person may demand advance payment
for patient records except from another health care provider if the
request was made because of emergency or acute medical situation.
(i) A licensee or other person may charge a reasonable
fee not to exceed $25 for completing a custodian of records affidavit
for patient records.
(j) A licensee or other person may charge a reasonable
fee in advance to answer a deposition by written question.
(k) A licensee or other person may not charge for providing
patient records where prohibited by Texas Health and Safety Code Chapter
161 or any other applicable state or federal law.
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