Below is the New Jersey state statute which controls the amount of money that doctors, hospitals, and other health care providers can charge for copies of medical records provided to the patient or the patient’s attorney for use in personal injury or wrongful death civil cases. Note that there may be other statutes that pertain to workers’ compensation claims, Social Security disability matters, etc.
We update this page when we learn of a new statute or any revision to the statutes. Despite our best efforts we cannot and do not represent that this statute is up-to-date. One type of revision that is especially hard for us to keep track of has to do with cost changes allowed annually by a statute and based on some indexed inflation rate.
New Jersey
- Hospitals
Section 1 of P.L.2019, c.217 (C.26:2H-5n)
>> See: https://pub.njleg.gov/bills/2022/S2500/2253_I1.HTM and https://www.njleg.state.nj.us/bill-search/2022/S2253
C.26:2H-5n Hospital to provide medical, billing records; fees; price limits.
1. a. Except as provided in subsection d. of this section, if a patient of a general, special, or psychiatric hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), the patient’s legally authorized representative, or an authorized third party requests, in writing, a copy of individual admission records, the hospital shall provide a legible paper or electronic reproduction of the requested records within the dates requested to the patient, the patient’s legally authorized representative, or the authorized third party within 30 days of the request, in accordance with the following:
(1) (a) For a request by a patient or the patient’s legally authorized representative for a medical record, whether such record is stored electronically, on microfilm or microfiche, or on paper, the fee for reproducing the record shall not exceed $1 per page or $50 per individual admission record, whichever is less. The fee for reproducing a medical record shall not exceed $50 per individual admission or patient record, exclusive of any additional fees specified in paragraph (3) of this subsection;
(b) If a patient requests a copy of the patient’s own medical records in accordance with the federal “Health Insurance Portability and Accountability Act of 1996,” Pub.L.104-191, the requirements provided under 45 C.F.R. 164.524(b) with respect to the time required to respond to such requests and the applicable fees shall apply;
(c) A hospital shall not charge any fee to provide an electronic or paper reproduction of a billing record requested by a patient, or a patient’s legally authorized representative;
(d) For a request by an authorized third party, the fee for reproducing medical and billing records that are not stored on microfilm or microfiche shall be no more than $1 per page, and the fee for reproducing records stored on microfilm or microfiche shall be $1.50 per image; and
(e) A fee for the reproduction of x-rays or any other material that cannot be routinely copied or duplicated on a commercial photocopy machine, which shall be no more than $15 per printed image or $30 per compact disc (CD) or digital video disc (DVD), plus an administrative fee of $10.
(2) Delivery of an electronic reproduction of a patient’s medical or billing record shall be required only if:
(a) the entire request can be reproduced from an electronic health record system;
(b) the record is specifically requested to be delivered in electronic format; and
(c) the record can be delivered electronically.
(3) In addition to per-page fees, a hospital shall apply the following charges for patients, patients’ legally authorized representatives, and authorized third parties:
(a) a search fee of no more than $20 per request; provided that no search fee shall be charged to a patient who is requesting the patient’s own record. If a search fee may be charged under this subparagraph, the fee shall apply even if no medical records are found as a result of the search;
(b) (Deleted by amendment, P.L.2022, c.114)
(c) a fee for certification of a copy of a medical record of no more than $10 per certification; and
(d) costs for delivering records in any medium, plus sales tax, if applicable.
- Doctors
Section 2 of P.L.2019, c.217 (C.45:9-22.27)
>> See: https://pub.njleg.gov/bills/2022/S2500/2253_I1.HTM and https://www.njleg.state.nj.us/bill-search/2022/S2253
C.45:9-22.27 Health care professional to provide copies of treatment, billing records; fees; price limits.
2. A person licensed to practice a health care profession regulated by the State Board of Medical Examiners shall provide copies of professional treatment and billing records, including treatment records from other health care providers that are part of a patient’s record, to a patient, the patient’s legally authorized representative, or an authorized third party in accordance with the following:…
d. A licensee may require a record request to be in writing and, except as provided in subsection j. of this section, may charge a fee for:
(1) (a) A request by a patient or a patient’s legally authorized representative for the reproduction of patient treatment and billing records, which shall be no more than $1 per page or $50 for the entire record, whichever is less, and regardless of whether such record is stored electronically, on microfilm or microfiche, or on paper; and
(b) A request by an authorized third party for the reproduction of patient treatment and billing records, which shall be no more than $1 per page or, in the case of records stored on microfilm or microfiche, no more than $1.50 per image;
(2) The reproduction of x-rays or any other material within a patient treatment record that cannot be routinely copied or duplicated on a commercial photocopy machine, which shall be no more than $15 per printed image or $30 per compact disc (CD) or digital video disc (DVD), plus an administrative fee of $10;
(3) A search for records, which search fee shall be no more than $20 per request; provided that no search fee shall be charged to a patient requesting the patient’s own records. A search fee that may be charged pursuant to this paragraph shall apply even if no individual treatment or billing record is found as a result of the search; and
(4) The costs for delivering records in any medium, plus sales tax, if applicable.
A licensee shall not assess any fees or charges for a copy of a patient’s treatment or billing records as provided herein other than those provided for in this section.
e. The fees established in subsection d. of this section shall be charged for electronic copies as well as paper copies of treatment and billing records.
If you are aware of additional or different medical records copying costs statutes that should be posted for this state, please send a link to the relevant statute to Tom Lamb.
Likewise, any clarifications, corrections, or updates regarding the statute shown for this state should be submitted to Tom Lamb.
Please understand that the materials on this web page are for general information purposes only, and are not intended as legal advice.
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