(a)  The director shall promulgate rules and regulations that establish reasonable charges for expenses incurred in responding to requests for copies of medical records by physicians pursuant to § 5-37-22(c) and (d), and by any healthcare provider as defined in § 5-37.3-3 (“healthcare provider”). The director may utilize data provided by the Rhode Island health information management association or other similar local professional organization in his or her determination as to the amount of the charges permitted by this section.

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(b)  A patient or a patient’s authorized representative, as defined in § 5-37.3-3 (“patient” or “authorized representative”), or a third-party requestor, also as defined in § 5-37.3-3 (“third-party requestor”), shall have the right to request a patient’s medical records.

(c)  If the healthcare provider utilizes patient’s medical records, an electronic health records system, or database:

(1)  Any patient or any patient’s authorized representative or any third-party requestor shall have a right to obtain from any healthcare provider a copy of the patient’s records in an electronic format;

(2)  Notwithstanding the provisions of subsection (a) of this section, the charges for responding to requests for copies of medical records in electronic format shall not exceed a fee for clerical services, research, and handling of twenty-five dollars ($25.00), inclusive of shipping costs and the costs of data retrieval and/or the data storage device used to transport the medical records. Provided, however, that fifty cents ($.50) per page for the first one hundred (100) pages and twenty-five cents ($.25) per page for all pages thereafter may be charged. In no event shall the charge for pages exceed one hundred dollars ($100).

(d)  If the healthcare provider does not utilize an electronic health records system or database, the charges for responding to requests for copies of medical records shall not exceed a fee for clerical services, research, and handling of twenty-five dollars ($25.00), inclusive of retrieval costs, plus actual shipping costs; provided, however, that fifty cents ($.50) per page for the first one hundred (100) pages and twenty-five cents ($.25) per page for all pages thereafter may be charged. In addition, the requestor shall pay for the actual shipping costs incurred.

(e)  Copies of X-rays or films not reproducible by photocopy shall be provided at the healthcare provider’s actual cost for materials and supplies. In addition, the requestor shall pay reasonable fees for clerical services, research, and handling, not to exceed twenty-five dollars ($25.00), plus actual shipping costs incurred.

(f)  A special handling fee of ten dollars ($10.00) may be charged if the records must be delivered to the patient or authorized representative or third-party requestor within forty-eight (48) hours of the request.