Annual Adjustment to Fee for Search & Duplication of Medical Records
The Department of Health and Environmental Control (DHEC) is responsible for calculating an annual adjustment to the fee charged for the search and duplication of medical records in accordance with S.C.Code §§44-7-325 and 44-115-80. Specifically, the annual adjustment is based the Consumer Price Indexfor all Urban Consumers, South Region (CPI-U).
Please be aware the HIPAA privacy rules limit fees covered entities may charge for producing copies of medical records to reasonable, cost-based fees. Please see the following information:
Fees for Copies
The Privacy Rule permits a covered entity to impose a reasonable, cost-based fee if the individual requests a copy of the PHI (or agrees to receive a summary or explanation of the information).The fee may include only the cost of: (1) labor for copying the PHI requested by the individual, whether in paperor electronic form; (2) supplies for creating the paper copy or electronic media (e.g., CD or USB drive) if the individual requests that the electronic copy be provided on portable media; (3) postage, when the individual requests that the copy, or the summary or explanation, be mailed; and (4) preparation of an explanation or summary of the PHI, if agreed to by the individual.See 45 CFR 164.524(c)(4).The fee may not include costs associated with verification; documentation; searching for and retrieving the PHI; maintaining systems; recouping capital for data access, storage, or infrastructure; or other costs not listed above even if such costs are authorized by State law.