What Can Arizona Providers Charge for Your Medical Records? A.R.S. § 12-2295 Explained

In Arizona, a health care provider may charge a "reasonable fee" when you ask for copies of your medical or payment records, but A.R.S. § 12-2295 also lists situations in which providers may not charge at all. Knowing which category your request falls into can save money while you gather records after a crash.

The general rule: a reasonable fee

Under subsection A of A.R.S. § 12-2295, a provider or a contractor that handles records for the provider may charge a person who requests reproductions of medical records or payment records a reasonable fee. Unless continuity of care is at stake, the provider may also require payment before releasing the copies. The statute does not set a single dollar amount in the text of this section, so "reasonable" is the operative word, and other laws can change the rule for particular situations.

When the provider may not charge

Subsection B lists situations in which a provider or contractor may not charge for the pertinent information in medical records. They include records given to:

• another provider who is continuing the patient's care;
• the patient, when the records are needed to obtain health care;
• the patient's health care decision maker, when needed to obtain care for the patient;
• Arizona's medical boards or health department officers requesting records under A.R.S. § 36-662; and
• the patient or legal representative who is appealing a denied Social Security benefit.

The Social Security exception has conditions. A legal representative must provide an appointment of representative form SSA-1696 before obtaining a patient's medical records. Later requests in the same calendar year, or requests for records already provided free that year, may be charged a reasonable fee under subsection A. No fee applies if no records are found.

What this means after a crash

If your new doctor asks for your earlier records so treatment can continue, the statute says the sending provider may not charge for that transfer. If you are collecting your full file for your own use, such as organizing your paperwork or preparing for an insurance claim, the general reasonable-fee rule is likely the one that applies, so it helps to ask the provider's records office for its fee before you order.

Asking for the right records in the right way also keeps costs down. Our guide on how to request your medical records after an Arizona crash walks through the written request and the response deadlines, and our piece on organizing your medical records and bills covers how to keep what you receive in order.

Practical steps

Ask the records office for a fee estimate in writing before you pay. Say what the records are for, since a continuing-care transfer between providers is treated differently from a personal copy. Keep the receipt with your other crash-related expenses. Copy charges you paid yourself belong with your records of out-of-pocket costs.

Bottom line

Section 12-2295 gives providers room to charge a reasonable fee, but it carves out specific no-charge situations. The category your request falls into decides whether you pay.

This article explains how the statute works in general; it isn't legal advice. Fee practices vary by provider, and a provider's records office or an attorney handling your claim can tell you what applies to your request.

Sources

• Arizona Revised Statutes § 12-2295, Charges for copies of medical records: https://www.azleg.gov/ars/12/02295.htm