In the data breach era, almost any provider-patient interaction that involves exchanging medical information is not only at risk of being compromised, but will surely receive some level of scrutiny. Because this territory is so new, many rules and consequences for breaking them aren't well-defined. Sometimes, providers catch serious flack for withholding information from patients, or charging them for information to which they have a legal claim. In light of this, HHS has published guidelines to help avoid trouble.
According to the new guidelines, providers can charge patients for labor costs associated with creating copies of the records; for supplies related to making copies of records; for postage associated with mailing records; or for a prepared explanation or summary of the records, should the patient agree in advance.
The guidelines also include viable grounds for denial if a provider does not wish to give records to a patient, a patient's rights to direct their records to another individual, the types of requests for access patients may use, and a thorough definition of the precise information patients have a right to access.