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Health Care Providers May Continue to Charge State Fee Schedules for Third-Party Medical Record Requests
Davis Wright Tremaine LLP Link to more items from this source
Feb. 10, 2015

"Recent changes to HIPAA have led to confusion, with a significant number of attorneys claiming that they are entitled to a lower 'HIPAA rate' for copies of medical records. While the issue may seem arcane, this confusion is becoming the subject of litigation against covered entities and their release-of-information vendors.... When a covered entity receives a request from an attorney or other third party who is not the individual's personal representative under HIPAA, the covered entity should continue to require a HIPAA-compliant authorization (or otherwise meet the requirements for a disclosure, such as going through the subpoena or court order process) and the covered entity or its release-of-information company may continue to charge the state-authorized copying rate."

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