• Since 2003, MHA has provided an annual update for medical record copying fees that calculates the base rates providers should use to determine copying costs based on state law.
  
  
• MHA updated the copying fee thresholds to take into account the federal Office of Civil Rights (OCR) guidance setting forth the minimum requirements for determining copying costs for patients requesting medical records under HIPAA.
  
  
• Despite the fact that state law provides a reasonable rate for copying medical information, providers should conduct an internal operational review of allowed costs as determined by OCR and compare those costs to the state standardized rates as outlined in this Advisory before billing a patient for medical records.
  
  
• MHA also provides updated guidance on how to handle the application of fees to a request for records from a third party (such as law firms), as state law prevails in this instance.

Massachusetts statute (Chapter 111, section 70) was amended in 2003 to provide a standardized process for calculating an annual update for medical record copying fees. Since that time, MHA has provided members with its calculation using the change in the Consumer Price Index (CPI) for medical care services in effect. Specifically, MHA uses the most recently published U.S. All Urban CPI for Medical Care Services produced monthly by the U.S. Bureau of Labor Statistics (BLS).

Because October 2025 data was unavailable due to the 2025 lapse in appropriations, MHA totaled the 11 BLS indices for September 2025 and November 2025 through August 2026, and then divided that total by the sum of the indices from September 2024 and November 2024 through August 2025.

For the period, effective October 1, 2026, we have determined that the rate using these indices has increased by 3.3719% which would result in a maximum state-based rate for copying fees as follows:

• $30.68 base charge for clerical and other administrative expenses related to complying with the request for making a copy of the record;
  
  
• $1.03 per-page charge for the first 100 pages copied; and
  
  
• $0.53 per-page charge for each page in excess of 100 pages.

Over the past decade, the U.S. Department of Health and Human Services and OCR have proposed changes to the HIPAA requirements and OCR guidance relating to the fees that can be charged for requested copies of protected health information (PHI). The federal rulemaking and OCR guidance has been challenged in litigation, and OCR has issued clarifying guidance interpreting the HIPAA requirements. MHA encourages members to consult with their legal counsel with questions relating to copying fees.

If you have any questions, please contact MHA's Anu Puri at [email protected].