REGULATION
Proposed amendments to Standards for Hospitals and Health Facilities, 6 CCR 1011-1, Chapter 2 Part 5.2.3.4 – Petition for Rulemaking by Association of Health Information Outsourcing Services (AHIOS) 

5.2.3.4 
UNLESS OTHERWISE PROHIBITED BY LAW, A REPRESENTATIVE OF THE PATIENT, OTHER THAN A ‘PERSONAL REPRESENTATIVE’ AS DEFINED IN THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) § 164.502(g), WITH THE PATIENT’S WRITTEN AUTHORIZATION, SHALL PAY FOR THE REASONABLE COST OF OBTAINING A COPY OF THE PATIENT’S RECORD, WHICH SHALL BE $16.50 FOR THE FIRST TEN OR FEWER PAGES, $.75 PER PAGE FOR PAGES 11-40, AND $.50 PER PAGE FOR EVERY ADDITIONAL PAGE.  
The discharged patient or PERSONAL representative (AS DEFINED UNDER HIPAA § 164.502(g)) shall pay for the reasonable cost of obtaining a copy of his/her patient record, not to exceed $14.00 for the first ten or fewer pages, $.50 per page for pages 11-40, and $.33 per page for every additional page.  Actual postage or shipping costs and applicable sales tax, if any, also may be charged.  The per-page fee for records copied from microfilm shall be $1.50 per page.  No fees shall be charged by a health care provider of patient records for requests for medical records received from another health care provider or to an individual regulated pursuant to Section 25-1-802(1) solely for the purpose of providing continuing medical care to a patient.