Pennsylvania Case May Provide Refund of Medical Record Overcharges Paid Prior to 2012

Most consumers do not realize that if they want copies of their medical records from their physician, or from a hospital, they must pay. This usually becomes an issue when a senior is switching from their former physician to a gerontologist , but it may also become an issue if they change physicians or even dentists because they obtained new medical insurance.

It also frequently becomes an issue if an agent under an advance medical directive or power of attorney wants to obtain a second opinion about medical care, and needs the medical records to do that. 

There is a Pennsylvania law that places a ceiling on what health care providers or health care facilities can charge you for those medical records, and the amount is annually adjusted by the Pennsylvania Department of Health to account for inflation. As of this writing the costs may not exceed $1.44 per page for the first 20 pages. Then $1.06 for pages 21-60, and 35 cents per page for any remaining pages. The cost for microfilm copies is $2.12 per page. There may be a higher charge to copy x-rays. Postage and shipping charges can be added to that amount. In some cases a “search and retrieval” fee of $21.33 may also be added. 

There are some exceptions to the rule, of interest to consumers. If you are using the records to support a claim for Social Security or any other Federal or State financial needs based program, including Medicaid, the total fee may not exceed $27.02. 

Prior to 2012, it was typical for a health care provider or facility to charge that maximum amount for the records, and providing medical records became a separate profit center in addition to providing medical care. However, in 2012 a provision was added to the law (42 Pa. C.S.  §§6152 and 6155 ) stating a provider could only charge the actual costs of producing the records, and could not automatically charge the maximum permitted under the law. 

But what about those people who were over-charged before the change in the law in 2012? A class action case is currently making it’s way through the Pennsylvania courts (Wayne M. Chiurazzi Law v. MRO,) to try to obtain a refund for consumers. Since the case involves so much money, the journey through the courts is going very slow. Just last June 24^th the Pennsylvania Supreme Court decided a motion on behalf of the consumers and stated the case could go forward. It still must be decided if the case can go forward as a class action case, or whether individuals who were over charged have to bring separate claims. And finally the case will go to trial. 

I will keep readers posted as the case makes it’s way through the courts. If the case is permitted to proceed as a class action case, it is likely people who overpaid will be notified by the court about their rights to a refund.

 Stay well until the next post.

Bob Gasparro