HIPAA fee limits do not apply to a patient’s request to transmit records to a third party or to a third-party’s request, with patient authorization, to receive patient health information, according to a notice released by the U.S. Department of Health and Human Services. The notice of the rule change followed a Jan. 23 federal court decision that voided application of the HIPAA fee limits to third-party requests or directives.
CDA advises members who are HIPAA-covered entities and who charge fees for access to patient records or release of records to revise the information and forms they provide to patients making a request. Dentists who are not HIPAA-covered entities must comply with California limits.
For more information on allowed fees, see “Patient Request to Access Records (Records Release) Form and Q&As” in the CDA Practice Support resource library.