Can a provider charge a medical records requestor a fee when there are no records? There is no clear answer to this question.

A client was served with a subpoena for medical records, but the patient in question did not have a record (i.e., had not been a patient). The provider’s ROI company responded with a letter stating that there was no patient and invoiced for a processing fee and postage. The lawyer responded that the fee was illegal under the section of R.S. 40:1165.1 which states that “the health care provider … shall not charge any other fee which is not specifically authorized by the provisions of this Subparagraph…”