(a) Charges.--
(1) Notwithstanding the provisions of section 6152(c) (relating to subpoena of records), a health care provider or facility shall not charge more than a flat fee of $19 for the expense of reproducing medical charts or records, plus the actual cost of postage, shipping or delivery, if the charts or records are requested for the purpose of supporting a claim or appeal under any provision of the Social Security Act (49 Stat. 620, 42 U.S.C. ยง 301 et seq.) or any Federal or State financial needs-based benefit program. The fee provided for in this subsection shall be adjusted annually by the Secretary of Health of the Commonwealth, as provided for in section 6152(a)(2)(i).
(2) No independent or executive agency of the Commonwealth shall be required to pay any search or retrieval fee, copying cost or other cost related to medical charts or records under this section unless otherwise required by law, regulation or agreed to by the agency in guidelines, statements of policy or by publication of notice in the Pennsylvania Bulletin.
(b) Documentation.--The person making the request shall provide the health care provider or facility with clear and convincing documentation that the purpose of the request is to obtain medical charts or records necessary to support a claim or appeal under any provision of the Social Security Act or any Federal or State financial needs-based benefit program.
(c) Request.--For purposes of this section, a request for medical charts or records shall include, but not be limited to, a subpoena for medical charts or records under section 6152 or a letter from a person's attorney of record for whom an Appointment of Representative form (SSA-1696-U4) has been executed, indicating the need for such charts or records.
(Feb. 18, 1998, P.L.170, No.26, eff. imd.)
1998 Amendment. Act 26 added section 6152.1.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 61 - Rules of Evidence
Section 6101 - Scope of subchapter
Section 6102 - Judicial notice of official seals
Section 6103 - Proof of official records
Section 6104 - Effect of official records generally
Section 6105 - Acts of notaries public
Section 6106 - Certified exemplifications of records
Section 6107 - Judicial notice of certain local government ordinances
Section 6108 - Business records
Section 6109 - Photographic copies of business and public records
Section 6110 - Registers kept by religious societies and municipalities
Section 6112 - Introduction of parol evidence after refusal to produce documents
Section 6121 - Eminent domain matters
Section 6141 - Effect of certain settlements
Section 6142 - Pleas in vehicle matters
Section 6143 - Registration number as evidence of operation of vehicle
Section 6144 - Dying declarations in case of abortion
Section 6151 - Use of certified copies
Section 6152 - Subpoena of records
Section 6152.1 - Limit on charges
Section 6154 - Affidavit of none or partial possession
Section 6155 - Rights of patients
Section 6156 - Opening of sealed envelopes
Section 6157 - Retention of records
Section 6158 - Obtaining personal attendance of custodian