Medical records; set maximum amounts of fees that may be charged for providing in electronic format.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Sanford

HOUSE BILL NO. 476

AN ACT TO AMEND SECTION 11-1-52, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT HEALTH CARE PROVIDERS AND FACILITIES SHALL COMPLY 2
WITH THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY 3
ACT (HIPAA) IN CHARGING FEES FOR PROVIDING AN INDIVIDUAL'S 4
PROTECTED HEALTH INFORMATION TO THE INDIVIDUAL; TO PROVIDE THAT 5
HEALTH CARE PROVIDERS AND FACILITIES SHALL BE SUBJECT TO THE FEE 6
SCHEDULE IN THIS SECTION IN CHARGING FEES FOR PHOTOCOPYING AND 7
PROVIDING AN INDIVIDUAL'S PROTECTED HEALTH INFORMATION TO A THIRD 8
PARTY; TO SET THE MAXIMUM AMOUNTS OF FEES THAT HEALTH CARE 9
PROVIDERS AND FACILITIES MAY CHARGE FOR SENDING AN INDIVIDUAL'S 10
PROTECTED HEALTH INFORMATION ELECTRONICALLY TO OR REPRODUCING THE 11
INFORMATION IN ELECTRONIC FORMAT FOR A THIRD PARTY; AND FOR 12
RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 11-1-52, Mississippi Code of 1972, is 15
amended as follows: 16
11-1-52. (1) In charging fees for providing to an 17
individual his or her protected health information as requested by 18
the individual or his or her personal representative, a covered 19
entity shall comply with the federal Health Insurance Portability 20
and Accountability Act of 1996 (HIPAA), as amended, and its 21
implementing regulations. 22
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(2) In charging fees for providing an individual's protected 23
health information to a third party at the direction of the 24
individual or his or her personal representative, or for providing 25
an individual's protected health information to a third party that 26
has been authorized to access the individual's protected health 27
information by a HIPAA authorization form signed by the individual 28
or his or her authorized representative: 29
(a) * * * A medical provider or hospital or nursing 30
home or other medical facility shall charge no more than the 31
following amounts to * * * individuals or their personal 32
representatives for photocopying any * * * protected health 33
information of the individual: 34
(i) Twenty Dollars ($20.00) for pages one (1) 35
through twenty (20); One Dollar ($1.00) per page for the next 36
eighty (80) pages; Fifty Cents (50¢) per page for all pages 37
thereafter. 38
(ii) Ten percent (10%) of the total charge may be 39
added for postage and handling. 40
(iii) Fifteen Dollars ($15.00) may be recovered by 41
the medical provider or hospital or nursing home or other medical 42
facility for retrieving medical records in archives at a location 43
off the premises where the facility/office is located. 44
(b) A medical provider or hospital or nursing home or 45
other medical facility shall charge no more than the following 46
amounts to individuals or their personal representatives for 47
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providing electronic records of any protected health information 48
of the individual to third parties as described in subsection (2) 49
of this section: 50
(i) If the individual's protected health 51
information is maintained electronically by or on behalf of the 52
provider or facility and the individual or his or her 53
representative requests the information to be sent electronically 54
to or reproduced in electronic format for a third party, Thirty 55
Dollars ($30.00) regardless of the number of pages, plus the 56
actual cost of any supplies needed to reproduce the information in 57
portable electronic media (e.g. a CD or USB drive), and the actual 58
cost of any postage if the portable electronic media is mailed. 59
(ii) If the individual's protected health 60
information is not maintained electronically by or on behalf of 61
the provider or facility and the individual or his or her 62
representative requests the information to be sent electronically 63
to or reproduced in electronic format for a third party, the 64
actual cost of the provider or facility for time and labor in 65
converting the information to electronic format but not exceeding 66
Twenty-five Cents (25¢) per page, plus the actual cost of any 67
supplies needed to reproduce the information in portable 68
electronic media (e.g. a CD or USB drive), and the actual cost of 69
any postage if the portable electronic media is mailed. 70
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ST: Medical records; set maximum amounts of
fees that may be charged for providing in
electronic format.
( * * *3) A physician shall only charge normal, reasonable 71
and customary charges for a deposition related to a patient that 72
the physician is treating or has treated. 73
( * * *4) Any medical provider, hospital, nursing home or 74
other medical facility shall charge no more than Twenty-five 75
Dollars ($25.00) for executing a medical record affidavit, when 76
the affidavit is requested by the patient or the patient's 77
representative. 78
* * * 79
SECTION 2. This act shall take effect and be in force from 80
and after July 1, 2026. 81