State law [K.S.A. 65-4971(b)] which required the Secretary of Labor to annually adjust the maximum fees that may be charged for non-workers compensation medical records copying, was repealed by the 2011 Kansas Legislature. Without any state guidelines, federal law governs the establishment of copying charges.
Under HIPAA, a covered entity may impose "reasonable", cost-based fees for copy of medical records. The fee may include only the cost of copying (including supplies and labor) and postage, if the patient requests that the copy be mailed. If the patient has agreed to receive a summary or explanation of his or her protected health information, the covered entity may also charge a fee for preparation of the summary or explanation. The fee may not include cost associated with searching for and retrieving the requested information. See 45 CFR 164.524(c). Of course now the question is, how is "reasonable" defined?
Since there has been no additional guidance on this issue some practices have decided to simply stick with the 2012 fees, those previously provided by the Department of Labor, and/or adding an adjustment to keep with the rate of inflation.
The worker's compensation copying fees will remain the same for 2013 and can be found here.