Maximum
Charges for
Patient Records
February 2024
This summary is for general information
purposes only and should not be regarded as
legal advice.
The Minnesota Department of Health (MDH)
cannot give legal advice about whether patients
or their representatives may be charged fees
for copies of the patient’s health record.
Whether fees may be charged for patient health
records, and the amount of any fees, may vary
based on the individual situation. The following
summary is for general information only.
State and federal laws and regulations can
impact whether or not (and how much) a health
care provider can charge for copies of patient
records. Talk with the provider who has the
patient records and explain your situation and
what records are sought. Depending on the
circumstances, the provider may require you to
pay a fee. Ask the provider for an estimate and
an explanation of the charges.
State Law and Rule
When providers are allowed to charge for
copies, the following state law or rule limits the
amount that can be charged.
MDH uses the formula described in Minnesota
Statutes, section 144.292, subdivision 6
(https://www.revisor.mn.gov/statutes/cite/144.2
92), to annually determine the maximum
allowable fees for copies of patient records.
When section 144.292 applies, the maximum
charges for 2024 are $1.68 per page for copy
charges and $22.47 for retrieval fees. Pursuant
to statute, these limits do not apply to x-rays.
Providers may charge a patient no more than
the actual cost of reproducing x-rays, plus no
more than $10 for the time spent retrieving and
copying the x-rays.
Workers’ Compensation
Cases
Payment for copies of medical records that are
part of a workers’ compensation case may be
subject to Minnesota Rules, part 5219.0300
(https://www.revisor.mn.gov/rules/5219.0300).
For more information, see Minnesota
Department of Labor and Industry -- Work comp:
Basic Adjuster's Training Guide
(http://www.dli.mn.gov/business/workers-
compensation/work-comp-basic-adjusters-
training-guide). Payment for copies of electronic
medical records may be subject to Minnesota
Statutes, section 176.135, Subd. 7.
Federal HIPAA Privacy Rule
The federal HIPAA Privacy Rule covers patient
access to records and includes prohibitions on
retrieval fees and other restrictions. This rule is
administered by the U.S. Department of Health
and Human Services (HHS) Office of Civil Rights
(OCR).
More information about HIPAA patient privacy
is available at HHS Health Information Privacy
(https://www.hhs.gov/hipaa/index.html). You
may contact the OCR at 1-800-368-1019; TDD:
1-800-537-7697.
Minnesota Department of Health
(https://www.health.state.mn.us)
PO Box 64975
St. Paul, MN 55164-0975
651-201-5178
