A number of statutes and regulations govern how much a health care provider can charge patients, litigants and their attorneys for the reproduction of medical records. This year has been a rollercoaster year for the interpretation of those statutes, as considerable changes to these statutes went into effect in the first half of 2022, then were partially reversed only months later. Litigators should understand the current state of the law in order to best navigate these rules.

The Old Rules

Fees for the reproduction of medical records have historically been governed by rules under New Jersey’s Administrative Code. For instance, N.J.A.C. 8:43G-15.3 applied to hospitals and N.J.A.C. 13:35-6.5 applied to healthcare professionals regulated by the state Board of Medical Examiners (BME), including, physicians, podiatrists, midwives, and athletic trainers, among others. Other health care professions, including physical therapists and chiropractors, are governed by separate regulations; in-depth review of those provisions exceeds the scope of this article.

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