Below is the Kansas state statute which controls the amount of money that doctors, hospitals, and other health care providers can charge for copies of medical records provided to the patient or the patient’s attorney for use in personal injury or wrongful death civil cases. Note that there may be other statutes which pertain to workers’ compensation claims, Social Security disability matters, etc.
We update this page when we learn of a new statute or any revision to the statutes. Despite our best efforts we cannot and do not represent that this statute is up-to-date. One type of revision which is especially hard for us to keep track of has to do with cost changes allowed annually by a statute and based on some indexed inflation rate.
We suggest that you read the actual state statute (as opposed to relying upon our brief summary) when there is a link available.
K.S.A. 65-4971(b) which required the Secretary of Labor to annually adjust the maximum fees that may be charged for non-workers compensation medical records copying, was repealed by the 2011 Kansas Legislature. Without any state guidelines, federal law governs the establishment of copying charges.
See “Allowable charges for copying records” (from the Kansas Medical Society)
- Under HIPAA, a covered entity may impose “reasonable”, cost-based fees for copy of medical records.
- The fee may include only the cost of copying (including supplies and labor) and postage, if the patient requests that the copy be mailed.
- If the patient has agreed to receive a summary or explanation of his or her protected health information, the covered entity may also charge a fee for preparation of the summary or explanation.
- The fee may not include cost associated with searching for and retrieving the requested information.
If you are aware of an additional or different medical records copying costs statute which should be posted for this state, please send a link to the relevant statute to Tom Lamb.
Likewise, any clarifications, corrections, or updates regarding the statute shown for this state should be submitted to Tom Lamb.
Please understand that the materials on this web page are for general information purposes only, and is not intended as legal advice.