Updated Rates for Attorney Requests for Medical Records in Virginia

Effective July 1, 2017, Virginia law has changed so that if an attorney requests a paper copy of a client’s medical records, a medical provider may charge 50¢ per page for the first 50 pages, and 25¢ per page for each additional page, plus a $20 search and handling fee and all postage and shipping costs.

These costs do not apply to photocopies of x-rays, which cost a “reasonable fee” that may include a search and handling fee of $10 plus the actual cost of reproduction and all postage and shipping costs, or copies from microfilm or other micrographic process, which cost $1 per page.

For electronic copies requested by an attorney, a medical provider may charge 37¢ per page for the first 50 pages and 18¢ per page for each additional page, plus a $20 search and handling fee and all postage and shipping costs, not to exceed a total of $150 for requests made on or after July 1, 2017 but before July 1, 2021, or $160 for requests made on or after July 1, 2021.

These costs do not apply to electronic copies of x-rays, which cost a “reasonable fee” of $25 per x-ray, plus a search and handling fee of $10 and all postage and shipping costs.

For either paper or electronic records, the patient’s attorney must provide the medical provider with a written confirmation signed by the patient confirming the attorney’s authority to make the request (a photocopy, facsimile or other copy of the original signed by the patient is acceptable).  Code of Virginia § 8.01-413(B)

No changes have been made to the payment rate for patients’ requests, governed by Code of Virginia § 32.1-127.1:03(J), which limit the charges to a “reasonable cost-based fee” that can only include the cost of supplies for and labor of copying the requested information, postage, and preparation of an explanation or summary of such information as agreed to by the patient.