Can a provider charge a medical records requestor a fee when there are no records? 

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…” 

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Additional Challenges for Off-Campus Provider-Based Hospital Departments

Proposed Reduction of Payment Rates for Non-excepted Off-campus Provider-Based Hospital Departments Paid Under the Medicare Physician Fee Schedule

Medical facilities owned by hospitals but located off-campus are facing new challenges on both the state and federal levels. CMS recently proposed a rule updating certain payment policies and rates for the Medicare Physician Fee Schedule (Proposed Rule). Among other provisions, the Proposed Rule slashes payment rates for non-excepted off-campus provider-based hospital departments that are now paid according to the Medicare Physician Fee Schedule. The Proposed Rule will be published in the Federal Register on July 21, 2017; the comment period will close on Sept. 11, 2017. Continue reading