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~tate of m;ennessee
PUBLIC CHAPTER NO. 339
HOUSE BILL NO. 495
By Representatives Baum, Davis
Substituted for: Senate Bill No. 606
By Senator Bailey
AN ACT to amend Tennessee Code Annotated, Title 63 and Title 68, relative to medical
records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 68-11-304(a)(2)(A), is amended by
deleting the subdivision and substituting:
(2)
(A) For records other than those involving workers' compensation cases:
(i) The party requesting the patient's medical records in paper
format is responsible to the provider or the provider's third-party release
of information provider for the reasonable costs of copying and mailing
the patient's records. Such reasonable costs must not exceed:
(a) Twenty-five dollars ($25.00) for paper copies of medical
records five (5) pages or less in length;
(b) Fifty cents (50¢) per page for each page copied after
the first five (5) pages;
(c) Twenty dollars ($20.00) per printed film for producing
radiology images in hard copy; and
(d) The actual cost of mailing;
(ii) If a party described in subdivision (a)(2)(A)(i) requests
certification or notarization, then a certification or notary fee must be
charged as a flat fee of twenty dollars ($20.00);
(iii) The party requesting the patient's records in electronic format
is responsible to the provider or the provider's third-party release of
information provider for the following fees:
(a) The reasonable fees for fulfilling a patient's request for
the patient to receive their own records are governed by the
Health Insurance Portability and Accountability Act (HIPAA) of
1996 (42 U.S.C. § 1320d et seq.), and the Health Information
Technology for Economic and Clinical Health (HITECH) Act (42
U.S.C. § 201 et seq.), and those acts' implementing regulations,
which must not exceed the cost of the following:
(1) Labor for copying the protected health
information requested by the individual;
(2) Supplies for creating the paper copy, or
electronic media if the individual requests that the
electronic copy be provided on portable media; and
HB495
(3) Postage, when the individual has requested the
copy, summary, or explanation be mailed; and
(b) For all other requesters and recipients, the total fees for
electronic medical records provided via portable media, electronic
mail, or medical record portal, must comply with the following:
(1) The fee for all electronic medical records must
be a flat fee of ninety dollars ($90.00);
(2) The fee for producing electronic copies of
radiology images must be no more than twenty-five dollars
($25.00) per request for CD, DVD, or USB, or fifteen
dollars ($15.00) per request for electronic files emailed or
sent via medical record portal;
(3) If certification or notarization is requested, then
a certification or notary fee must be charged as a flat fee of
twenty dollars ($20.00);
(4) Charges for copying paper records or faxing
paper records are subject to the limits set in subdivision
(a)(2)(A)(i); and
(5) The fees charged for reproducing records of
patients involved in a claim or appeal of denial for social
security disability benefits must be a flat fee of twenty
dollars ($20.00), only when the records are produced
electronically;
(iv) Upon request, a person or entity providing records pursuant to
this section shall provide the records in electronic form unless the records
are not kept in electronic form in the usual course of business;
(v) For any medical records request other than a request made by
the patient or the patient's personal representative, as defined by the
federal Health Insurance Portability and Accountability Act of 1996
(HIPAA) (42 U.S.C. § 1320d et seq.), for the patient's personal use, a
covered entity or business associate may require payment prior to the
release of the records. Payment may be remitted electronically;
(vi) A third-party release of information provider of record copying
and related services is subject to the fee limits contained in this section
and shall not impose a charge or fee for such service in excess of such
fee limits;
(vii) The fees charged for reproducing records of patients involved
in a workers' compensation claim are as specified in § 50-6-204; and
(viii) A provider shall not charge a fee for copying or notarizing a
medical record when requested by the department of health pursuant to a
complaint, inspection, or survey as set forth in§ 63-1-117.
SECTION 2. Tennessee Code Annotated, Section 68-11-304(d), is amended by deleting
the subsection.
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.
2
HOUSE BILL NO. 495
PASSED: April 15, 2025
CAMERO~SEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
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RANDYM~
SPEAKER OF THE SENATE
APPROVED this ;).,~ day of i vv'.1{'.,I I 2025
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