A medical release form (which may also be referred to as an authorization for use or release of health information) is a document that is an important element of the medical records of every person. Its aim is to provide access for the defined list of people to information about a person’s health. Commonly, among such people are health care providers, relatives, spouses, friends, etc. If someone is not mentioned in a medical release form, this person is not legally authorized to access the patient’s medical data.
For medical offices, medical release forms are a lawful way to share details of the health condition of an individual with each other. They should keep track of proper writing and managing of medical release forms as doing this is critical to providing a high level of health care. Along with that, having all of the patients’ medical release forms in place helps them comply with local and federal laws.
This type of release of liability form should comply with the Health Insurance Portability and Accountability Act (the shortened form is HIPAA) – a federal regulation that establishes privacy standards regarding patients’ medical data and protects healthcare data from fraud or theft. The Act limits the number of individuals who can get medical info about a patient from their medical care providers. It is essential to obtain medical release forms compliant with the Act before sharing the patient’s data with other specialists or entities, with some exceptions.
Child medical release form – This form needs to be used when treating a patient under 18. It is commonly obtained by a competent person who is informed about the child’s issues and medications. It is a useful tool for parents who for certain reasons cannot make medical care decisions on behalf of their child and want to temporarily authorize a trusted person such as the child’s grandparent, step-parent, teacher, friend, etc.
Dental records release form – this is the form in which a patient gives the dentist the right to obtain their dental records from another doctor. The consent should be provided by a dental patient or their legal representative if they are of minor age. The primary purpose of receiving previous medical records of the patient is to provide appropriate dental services to them.
There are some typical situations when the form might be needed. First, the form might be important in insurance cases. An insurance company might use it to accept liability under an insurance policy or to consider paying an employee compensation claims. Second, in case a patient changes healthcare providers, the form might be requested from an old specialist by the new one. Third, in personal injury cases, a person’s records act as proof of the injury and help identify the cause and consequences of such. The fourth scenario of the possible usage of the form is by an employer at work: they might need medical records to determine if a candidate fits for the position to prevent health risks and disability discrimination, or to record sick leaves.
STATES | MAX FEES | STATE LAW |
Alabama | Search Fee: $5 Pages 1-25: $1/page Pages 26+: $0.50 Other Documents: Actual cost of reproduction |
Alabama Code, Section 12-21-6.1 |
Alaska | – | No Statute |
Arizona | Reasonable Fee | Arizona Revised Statutes, Section 12-2295 |
Arkansas | Search Fee: $15 Pages 1-25: $0.50/page Pages 26+: $0.25/page |
Arkansas Annotated Code, Section 16-46-106 |
California | Search Fee: $4 Evidence Fee: $15 Pages 1+: $0.10/page Microfilm: $0.20/page |
California Evidence Code, Sections 1158 and 1563 |
Colorado | Search Fee: $18.53 flat fee (first 10 pages) Pages 11 – 40: $0.85 per page Pages 41+: $0.57 per page Microfilm: $1.50 per page |
Colorado 6 CCR 1011-1, Chapter 2 Part 5.2.3.4 |
Connecticut | Pages 1+: $0.65 per page | Connecticut Revised Statutes, Chapter 368v, Section 19a-490b |
Delaware | Pages 1 – 10: $2.00 per page Pages 11 – 20: $1.00 per page Pages 21 – 60: $0.90 per page Pages 61+: $0.50 per page Microfilm: actual cost of reproduction |
Delaware Code, Title 24, Chapter 17 |
Florida | Search Fee: $1.00 (per year per request) Pages 1+: $1.00 per page Microfilm: $2.00 per page |
Florida Statutes, Section 395.3025 |
Georgia | Search Fee: $20.00 Pages 1 – 20: $0.75 per page Pages 21 – 100: $ 0.65 per page Pages 101+: $0.50 per page Certification Fee: $7.50 |
Georgia Code, Section 31-33-3 |
Hawaii | Reasonable Fee | Hawaii Revised Statutes, Section 622-57 |
Idaho | – | No Statute |
Illinois | Search Fee: $29.48 Pages 1 – 25: $1.11 per page Pages 26 – 50: $0.74 per page Pages 51+: $0.37 per page Electronic Records: 50% of the per page charge for paper copies under subdivision Microfilm: $1.84 per page |
Illinois Compiled Statutes, Chapter 735, Section 5/8-2005 |
Indiana | Search Fee: $20.00 (includes first 10 pages) Pages 11 – 50: $0.50 per page Pages 51+: $0.25 per page Affidavit/Certification: $20.00 |
Indiana Administrative Code 760, Section 1-73-1 |
Iowa | Reasonable Fee | Iowa Code, Section 622.10 |
Kansas | Reasonable Fee | Kansas Statute, Section 65-4971 (REPEALED) |
Kentucky | 1st Copy: Free 2nd Copy: $1.00 per page |
Kentucky Revised Statutes, Section 422.317 |
Louisiana | Search Fee: $25.00 Pages 1 – 25: $1.00 per page Pages 26 – 350: $0.50 per page Pages 351+: $0.25 per page Max Fee for Electronic Records: $100.00 per request |
Louisiana Revised Statutes, Section 40:1165.1 |
Maine | Search Fee: $5.00 (includes 1st page) Pages 2+: $0.45 per page Max Fee: $250.00 Max Fee for Electronic Records: $150.00 per request |
Maine Revised Statutes, Title 22, Section 1711-A |
Maryland | Search Fee: $22.88 Pages 1+: $0.76 per page Electronic Records Search Fee: $22.88 Electronic Records Pages 1+: $0.62 per page Max Fee for Electronic Records: $80.00 per request |
Maryland Annotated Code, Section 4-304 |
Massachusetts | Search Fee: $26.36 Pages 1 – 100: $0.89 per page Pages 101+: $0.45 per page Social Security: no charge for request to support a claim under the social security act |
Massachusetts General Laws, Chapter 111, Section 70 |
Michigan | Search Fee: $25.64 Pages 1–20: $1.28 per page Pages 21–50: $0.64 per page Pages 51+: $0.26 per page |
Michigan Compiled Laws, Section 333.26269 |
Minnesota | Search Fee: $19.42 Pages 1+: $1.46 per page X-rays: $10 Search Fee plus the actual cost of reproduction |
Minnesota Statutes, Section 144.292 |
Mississippi | Search Fee: $20.00 Flat Fee (first 20 pages) Pages 21–100: $1.00 per page Pages 101+: $0.50 per page Search/Storage Fee: $15.00 (only charged if records are retrieved from off-site location) Certification Fee: $25.00 Postage and handling: may be added 10% of the total charge |
Mississippi Annotated Code, Section 11-1-52 |
Missouri | Search Fee: $27.13 Pages 1+: $0.62 per page Storage Fee: $25.40 (additional fee if records are retrieved off-site) Max Fee for Electronic Records: $118.85 |
Missouri Revised Statutes, Section 191.227 |
Montana | Search Fee: $15.00 Pages 1+: $0.50 per page |
Montana Annotated Code, Section 50-16-540 |
Nebraska | Search Fee: $20.00 Pages: 1+: $0.50 per page X-rays: Actual cost of reproduction |
Nebraska Revised Statutes, Section 71-8404 |
Nevada | Pages 1+: $0.60 per page X-rays: Reasonable Fee |
Nevada Revised Statutes,Section 629.061 |
New Hampshire | Whichever is greater: $15 for first 30 pages or $0.50 per page X-rays: Reasonable Fee |
New Hampshire Revised Statutes, Section 332-I:1 |
New Jersey | Search Fee: $10.00 Pages 1–100: $1.00 per page Pages 101+: $0.25 per page Max Fee: $200.00 |
New Jersey Administrative Code, Sections 8:43G-15.3 and 13:35-6.5 |
New Mexico | Pages 1–15: $30.00 flat fee Pages 16+: $0.25 per page X-rays: Actual cost of reproduction |
New Mexico Code, Section 16.10.17.8 |
New York | Pages 1+: $0.75 per page X-rays: Actual cost of reproduction |
New York Consolidated Laws, PBH Section 17 |
North Carolina | Pages 1–25: $0.75 per page Pages 26–100: $0.50 per page Pages 100+: $0.25 per page Minimum Fee: $10.00 |
North Carolina General Statutes, Section 90-411 |
North Dakota | Search Fee: $20.00 (includes pages 1-25) Pages 26+: $0.75 per page Electronic Records Search Fee: $30.00 (includes pages 1-25) Electronic Records Pages 26+: $0.25 per page |
North Dakota Century Code, Section 23-12-14 |
Ohio | Search Fee: $20.68 Pages 1–10: $1.36 per page Pages 11–50: $0.70 per page Pages 51+: $0.28 per page X-rays: Search Fee plus $2.30 per page |
Ohio Revised Code, Sections 3701.741 and 3701.742 |
Oklahoma | Search Fee: $10.00 Pages 1+: $0.30 per page X-rays: $5.00 per page Max Fee: $200.00 |
Oklahoma Statutes, Section 76-19 |
Oregon | Search Fee: $30.00 (includes pages 1-10) Pages 11-50: $0.50 per page Pages 51+: $0.25 per page X-rays: Actual cost of reproduction |
Oregon Administrative Rules, Section 847-012-0000 |
Pennsylvania | Search Fee: $23.73 Pages 1–20: $1.60 per page Pages 21–60: $1.19 per page Pages 61+: $0.41 per page Microfilm: $23.73 + $2.36 per page |
Pennsylvania Consolidated Statutes, Title 42, Sections 6152, 6152.1 and 6155 |
Rhode Island | Pages 1–10: $2.50 per page Pages 10–50: $0.75 per page Pages 51+: $0.50 per page |
Rhode Island Physician Rules and Regulations R5-37- MD/DO, Section 11.2 |
South Carolina | Search Fee: $26.82 Pages 1 – 30: $0.69 per page Pages 31+: $0.53 per page Max Fee for Electronic Records: $160.94 Max Fee for Paper Records: $214.58 |
South Carolina Code of Laws, Section 44-115-80 |
South Dakota | No Fee Schedule | South Dakota Codified Laws, Section 36-2-16 |
Tennessee | Search Fee: $20.00 (includes pages 1–5) Pages 6+: $0.50 per page |
Tennessee Code Annotated, Section 63-2-102 |
Texas | Search Fee: $49.26 (includes pages 1–10) Pages 11–60: $1.66 per page Pages 61–400: $0.81 per page Pages 401+: $0.44 per page Microform Search Fee: $75.04 (includes pages 1–10) Microform Pages 11+: $1.71 per page Electronic Records Search Fee: $89.24 |
Texas Statutes, Health and Safety Code, 241.154 |
Utah | Search Fee: $21.16 Pages 1–40: $0.53 per page Pages 41+: $0.32 per page |
Utah Code, Section 78B-5-618 |
Vermont | Whichever is greater: $5 or $0.50 per page Social Security: no charge for a request to support a claim under the social security act |
Vermont Statutes, Title 18, Section 9419 |
Virginia | Search Fee: $20.00 Pages 1–50: $0.50 per page Pages 51+: $0.25 per page Max Fee: $150.00 X-rays in hard copy format: $10 + actual cost of supplies Electronic Records Search Fee: $20.00 Electronic Records Pages 1–50: $0.37 per page Electronic Records Pages 51+: $0.18 per page Electronic Records Max Fee: $150.00 (or $160 for any request made on or after July 1, 2021) X-rays in electronic format: $10 + $25 per series Microfilm Search Fee: $20.00 Microfilm Pages 1+: $1.00 per page |
Virginia Code, Section 8.01-413 |
Washington | Search Fee: $28.00 Pages 1–30: $1.24 per page Pages 31+: $0.94 per page |
Washington Administrative Code, Section 246-08-400 |
West Virginia | Search Fee : $20.00 Pages 1+ : $0.40 per page Pages 1+ Electronic Records: $0.20 per page Max Fee Electronic Records: $150 Certification Fee: $10 |
West Virginia Code, Section 16-29-2 |
Wisconsin | Search Fee: $23.45 Pages 1 – 25: $1.19 per page Pages 26 – 50: $0.89 per page Pages 51 – 100: $0.58 per page Pages 101+ $0.35 per page Microfilm and other media: $23.45 + $1.74 per page X-rays : $23.45 + $11.70 per image Certification (if not patient or their representative): $9.38 per request |
Wisconsin Statutes and Annotations, Section 146.83(3f) |
Wyoming | – | No Statute |
To get your medical history or to do it on behalf of the person who authorized you to get it through a medical release form, you have to take several steps.
Step 1 – Make a request
First of all, it is necessary to get acquainted with the requirements of the medical entity keeping the medical records. Some of them require written requests; others not. For those that require a written form, specify in the document the name of the releasing and receiving parties, the dates of authorization, the details of a part of the medical record (or the entire record) that you need for release, and the date when the right to access comes to an end.
Step 2 – Specify how you would want to get the records
If the receiving party wants to get the records in a certain form, e.g., PDF format to transfer to their flash drive, they should specify it in the request form.
Step 3 – Pay a fee if any
A medical entity might require paying a certain fee for the release of the requested medical data. Smaller medical offices often do not require a fee for printing medical records for someone or sending them to another facility. When it comes to bigger ones, they might require a particular fee, but it cannot be more than the state-approved maximum. For instance, in the state of California, a maximum search fee is $4, and a person cannot be charged more than $0.10 per page when getting the records printed, while in Massachusetts, the highest search fee is $25, and the maximum printing price will depend on the number of pages: the price is $0.84 per page when printing up to 100 pages and $0.43 per page when the number of pages is more than 100. At the same time, some states such as Iowa state that they require a reasonable fee without specifying its amount.
Step 4 – Get necessary medical information
Typically, a medical facility should give access to the requested medical data within 30 days after the request. However, the term might be extended if the medical office sends a letter with the specification of the reason why the delay of the release has happened. Nevertheless, modern facilities try to meet requestors’ needs which is why you can call and ask them about the status of your request after 5-7 business days after sending the request if you haven’t got it yet.
There is a list of individuals who can receive medical records in the name of the patient with the use of medical release forms. Those can be:
If you need a proper medical release form, you can use one of our templates. We offer you to get medical release forms for free in three different formats. Just select the needed format of a medical release form and download it to your computer.
If access to a patient’s medical information is provided without a medical release form, such an act is considered a violation of the HIPPA which might result in a penalty. For example, if a person committing a violation did not know that they are violating the terms of the Act, they might be punished with a minimum fine of $100 and the maximum fine of $50,000 per breach. If a person violates HIPAA due to an act of neglect but the violation is fixed, they will pay a minimum of $10,000 and a maximum of $50,000 for one violation. If the breach is not corrected, the fine will be $50,000.
A form for release of medical records should be compliant with HIPAA. HIPAA forms divide information into several sections and offer to choose needed options by ticking respective checkboxes.
Step 1 – The patient’s personal information
The medical release form should start with the patient’s print name, date of birth, and Social Security Number.
Step 2 – Agent and the authorities
The next section should tell who is authorized to release and/or use the medical data of the patient. The form has to explicitly indicate whether these individual(s) or approve the medical records release in their entirety or only part of them. It is also up to the patient to decide whether they want their medical release form to give access to medical information that is related only to a certain medical condition or the one that covers a certain period of time.
For instance, the patient might want to release the information about their dental health only or solely about the pregnancy. The types of medical information to be released should be listed explicitly.
Next, the medical release form should mention the recipient(s) to whom the disclosing party can release the patient’s medical data. The information needed in this paragraph of a medical release form is the name of the facility or individual that the patient authorizes their medical history to be released to and addresses along with the contact details.
Step 3 – The purpose
Here, the patient should specify the purpose of authorization. They can write that the purpose is at their request or write down other specific purposes in the medical release form. Among specific purposes might be:
Step 4 – Expiration date
Further, one should mention when the authorization provided in the medical release form ends. It might be a particular date or an event.
Step 5 – Signature
Now, it’s time to put a signature and date the medical release form. When filling in the HIPAA form, it is important that the patient reads the rights very carefully before giving their consent. A medical release form should make the patient aware that they are not obliged to reveal their medical records and have the right to revoke their release form at any time.
It is important to make sure the signature of the patient is on the document as, without it, one cannot say that the patient has provided their legal consent.
If the patient is a minor or unable to sign a medical release form, the signature of their legal representative should be put in medical release forms (indicating the age of a minor or the reason why the patient cannot put signature on their own).
If a patient needs to have a medical release form signed by their legal representative, it should be clear what status a signing person has in relation to the patient – relative, legal guardian, court-appointed representative, etc.
Step 6 – Complementary consent for release of medical information
Medical release forms also have a section that lets the patient define whether or not they agree to the disclosing party releasing medical data in relation to a physical or sexual offense, any sort of addictions, STDs, mental health therapies, etc. This section of the medical release form demands a separate signature of the patient or their legal representative. The date of signing is another important element of the document in order to show when the consent or objection was given in the medical release form.
Step 7 – Complementary consent for the release of HIV/AIDS details
The final section in medical release forms makes the patient consent or object to the release of the medical details regarding HIV/AIDS. It should tell whether or not the patient allows the release of these details from their medical history.
This section of the medical records release form should end with the signature of the patient or their representative and the date of signing.
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