Below is the Delaware 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.
A new rule, effective November 11, 2009, limits the fees a practice may charge Delaware patients for copies of the patient’s medical records that it provides either directly to the patient or to another physician. These fee limits apply to both electronic and paper copies.
- $2.00 per page for pages 1-10
- $1.00 per page for pages 11-20
- $0.90 per page for pages 21-60
- $0.50 per page for pages 61 and above
In addition to the fees above, practices may charge the following:
- When the records are mailed, practices may charge the actual cost of postage or shipping.
- When the type of record requested cannot be photocopied (such as radiology films or fetal monitoring strips), practices may charge the cost of reproducing the records.
Practices may require payment of all costs in advance of releasing the records except for records related to an application for a disability benefits program.
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.