Question

1. Locate any state laws regarding health information or medical records for Kentucky. a. Are there retention statuses for medical records? b. Are there references to the costs of providing copies of medical records?

Answer 1

The Health Insurance Portability and Accountability act of 1996,known as HIPAA,continues to have a board impact on state health policy,as well as on virtually all health care providers,insurers and health consumers.

a)Yes,Retention statuses for medical records are
-statutory and regulatory requirements,eg-Medicare/Medicaid:5 years for hospitals (42 CFR 482.24(B)).
-HIPAA privacy regaulations require 6 years from creation or the date when it was last in effect,whichever is later(45 CFR 164.530(j)).

b)yes,According to 45CFR 164.524 Section
-Owner may charge a reasonable fee for providing access consistent with applicable law.
-HIPAA allows to charge patient and personal representative a resonable cost -based fee, which includes,
-cost of supplies and labor to copy(paper,disc etc)
-cost of postage if patient requests mailing,
-cost of preparing explanation or summary if patient requests summary and agrees to costs.