This information is intended for general guidance only and does not constitute legal advice. Please contact your attorney and/or
medical malpractice carrier for additional information.
Charging for Copies of Patient Records in Virginia Physician
Practices
Frequently Asked Questions
Question: How much can my practice charge a patient for copies of medical records?
Answer: Virginia’s Health Records Privacy statute [§ 32.1-127.1:03 (J)] states “If an individual requests a
copy of his health record from a health care entity, the health care entity may impose a reasonable cost-
based fee, which shall include only the cost of supplies for and labor of copying the requested
information [and] postage when the individual requests that such information be mailed.”
Question: What is a “reasonable cost-based fee”?
A practice may assess:
1. a supply portion of the charge based on the total number of pages copied, factoring in the average per
page cost of paper, toner, and expenses associated with leasing or owning a copy machine; and
2. a labor portion of the charge based on the time it takes to copy the records, factoring in wages paid to
the individual who is likely to produce such copies.
Question: How much can my practice charge attorneys, insurers and others authorized by
patients to receive copies of their medical records?
Code of VA § 8.01-413 (B) permits health care entities to charge fees to attorneys, insurers and others
authorized by the patient for copies of medical records.
Scenario
Format of Records
Maintained
Format of Records
Produced for Release
Maximum Reasonable Fee
1
Paper/hard copy or
electronically stored
Paper/hard copy
$0.50 per page up to 50 pages
$0.25 each additional page
Search/handling fee not to
exceed $20.00
Plus all shipping costs
2
Microfilm or other
micrographic process
Paper/hard copy
$1.00 per page
Search/handling fee not to
exceed $20.00
Plus all shipping costs
3
Electronically stored
Electronic format
$0.37 per page up to 50 pages
$0.18 each additional page
Search/handling fee not to
exceed $20.00
Plus all shipping costs
$150.00 Maximum Total
4
Combination of paper/hard
copy not stored in
electronic format and
electronically stored – for
example, if part of a record
is stored in the EHR while
simultaneously storing part
of the record on paper
Combination of paper/hard copy and
electronic format
The portion of the fee
pertaining to the records
stored as paper/hard copy are
subject to the maximums
described in Scenario 1.
The portion of the fee
pertaining to the records
stored in electronic format are
subject to the maximums
described in Scenario 3.
$20.00 search/handling fee
maximum if records are
This information is intended for general guidance only and does not constitute legal advice. Please contact your attorney and/or
medical malpractice carrier for additional information.
produced in both paper/hard
copy and electronic formats
5
Patient account balances
stored as paper/hard copy
or electronically
Paper/hard copy or electronic format
Patient account balances or
itemized listing of charges
must be supplied at no cost up
to 3 times every 12 months,
either to the patient or the
patient’s attorney.
6
X-ray, study or other
imaging stored as hard
copy or electronically
Electronic format
$25.00 per x-ray series, study
or other imaging
Search/handling fee not to
exceed $10.00
Plus all shipping costs
7
X-ray, study or other
imaging stored as hard
copy
Hard copy
Search/handling fee not to
exceed $10.00
Plus actual cost of supplies
and labor of copying the
requested images
Plus all shipping costs
Question: Can my office withhold records until payment is made?
No, records cannot be withheld or delayed solely on the grounds of nonpayment for such records.
