Maryland Employers: Are You Paying Too Much for Medical Records and Mileage?
Medical Records Copying Fees
Generally, Maryland law (Health General Sec. 3-304) allows health care providers are permitted to charge third parties and patients a fee for copying medical records. Physicians and providers in violation of state (or federal) law concerning medical record access and fees may subject a physician to civil penalties or discipline by the Maryland Board of Physicians. Allowable fees may be adjusted annually to keep pace with inflation but remain the same in Maryland as between 2024 and 2023.
Paper Records
As of December 2023, in Maryland, providers may charge a fee for copying paper records which must not exceed $0.76 per page and may charge the actual cost of any postage and handling expended in connection with the transfer of same. Only in situations where medical records are to be transferred to someone other than the patient or the patient’s personal representative, providers may also charge a preparation fee of $22.88, since federal HIPAA regulations do not allow a charge for a preparation fee for records provided directly to the patient.
Electronic Format Records
Where records are to be copied in an electronic format a different subset of fees may apply. In Maryland, the fee for copying records in an electronic format is 75% of the per page paper record fee – ie. $0.57 per page, and may not exceed a cumulative total of $80.00, plus the actual cost of any postage and handling incurred in connection with transfer. Here too, a fixed preparation fee of $22.88 may be charged, but only if the records are being transferred to someone other than the patient or the patient’s personal representative.
The above notwithstanding, Maryland law prohibits a provider from charging any fees for providing electronic records to a patient in the format the records are already in. Meaning, for example, if a provider has the ability to share a patient’s records via patient portal, a provider may not charge a fee for the patient to access same.
Medical Mileage (WC)
Reimbursement for the costs of transportation to and from treatment in connection with a compensable workers’ compensation claim is a benefit afforded to a Claimant under the Maryland’s Workers’ Compensation Act – and one the defense bar has seen more and more Claimant’s attempt to take advantage of, of late.
In Maryland, the mileage reimbursement rate used to calculate what an employer owes a Claimant for the miles traveled to and from treatment for a compensable injury is set annually by the Workers’ Compensation Commission. Effective, January 1, 2024, the rate for same increased from $0.655 to $0.67 per mile.
By contrast, the IRS reimbursement rate for medical miles traveled decreased from $0.22 to $0.21 per mile as between 2023 and 2024, respectively. This is because, in Maryland, the Workers’ Compensation Commission has taken the position that miles traveled in connection with treatment (or an Employer’s IME) are akin to business miles traveled since the injury necessitating treatment arose out of and in the course of the Claimant’s work.
All requests for reimbursement of mileage (or other related benefits) must be submitted with documentation verifying the legitimacy of the same. Employers, carriers, and counsel should ensure that all proper documentation has been provided and verify the alleged miles traveled before reimbursement of the amount alleged to be due for same.
Written by attorney Kara K. Parker.