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HB 5681

Health: medical records; medical record fees; modify. Amends sec. 9 of 2004 PA 47 (MCL 333.26269).

2025-2026 Regular Session Introduced by Matt Bierlein and 8 co-sponsors

HB 5681 updates medical record copy fees with inflation-adjusted, annual increases for paper and electronic copies, and adds indigence protections and initial-fee exemptions.

referred to second reading
#health:medicalrecords
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Bill Summary · HB 5681

Overview

House Bill 5681 (Session 2025-2026, Michigan) would amend the Medical Records Access Act (2004 PA 47) to modify the fees that health care providers, facilities, or medical records companies may charge patients or their authorized representatives for copies of medical records. The bill also introduces annual inflation adjustments to these fees starting in 2028, using the Detroit Consumer Price Index. It applies to both paper and electronic copies and clarifies certain billing rules, including indigent care provisions and initial-fee exemptions for patients.

Purpose and intent

  • To establish updated, inflation-adjusted maximum charges for obtaining copies of medical records by patients or their authorized representatives.
  • To extend the fee framework to cover electronic copies (not just paper copies).
  • To standardize annual fee adjustments tied to inflation, improving predictability for patients and providers.
  • To maintain protections for medically indigent individuals regarding retrieval and copying costs, while introducing specific limits on free copies (one set per provider) and fee applicability for additional requests.

Key provisions and changes

  • Fee structure (new maximums under HB 5681):
    • Initial fee: $31.54 per request for a copy of the record (note: the patient themselves may not be charged an initial fee for their own record; this applies when a request is made by the patient’s authorized representative).
    • Page charges for paper and electronic copies:
    • Pages 1–20: $1.58 per page
    • Pages 21–50: $0.79 per page
    • Page 51 and over: $0.32 per page
    • Non-paper records (e.g., electronic or other formats): the actual cost of preparing the duplicate would be permitted under the bill (previously this was described as “actual cost” but the summary notes a shift to applying the revised fee schedule to electronic copies).
    • Postage/shipping: actual costs incurred by the provider for mailing copies.
    • Retrieval costs for long-archived records: actual costs for retrieving records that are 7 or more years old and not on-site.
  • Indigence provisions:
    • Fees for retrieving, copying, or mailing records may be waived for medically indigent individuals, subject to proof of assistance.
    • If an indigent patient receives a free copy, it is limited to one set per provider; additional requests for the same records would incur the standard fees.
  • Initial-fee exemption:
    • There is no initial fee charged to the patient for obtaining the patient’s own medical record; the initial fee would apply when a request is made by an authorized representative.
  • Annual inflation adjustment:
    • Beginning January 1, 2028, and each January 1 thereafter, the Department of Health and Human Services (via the state treasurer) would adjust the fee amounts annually to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.
    • The adjustment mechanism ensures that fees keep pace with inflation over time.

Who is affected

  • Health care providers, health facilities, and medical records companies that handle requests for copies of medical records.
  • Patients and their authorized representatives seeking access to medical records (including electronic records).
  • Medically indigent individuals who rely on fee waivers may benefit from reduced or waived charges, subject to proof of eligibility.
  • The Michigan Department of Health and Human Services (DHHS) and the state treasurer, which would administer the inflation adjustments.

Procedural and timeline aspects

  • Effective dates and implementation:
    • The bill specifies annual fee adjustments starting January 1, 2028, and each January 1 thereafter.
  • Administrative notes:
    • The fee schedule would apply to both paper and electronic copies, expanding the scope beyond paper copies only.
    • States that indigent waivers may limit free copies to one set per provider, with subsequent requests charged under the standard schedule.
  • Legislative status:
    • Introduced by Rep. Phil Green on March 5, 2026, with multiple co-sponsors.
    • Referred to the House Health Policy Committee; fiscal notes indicate no net state-wide fiscal impact on DHHS or Medicaid.

Practical impact considerations

  • For patients and families, the bill could meaningfully change the cost of obtaining medical records, especially if electronic copies were previously subject to higher or less standardized charges.
  • For providers, anticipated inflation-driven fee adjustments could help maintain cost recovery over time but may require updates to billing processes and systems to handle electronic copy charges consistently.
  • The Medicare/Medicaid landscape is not directly altered, but the bill interacts with patient access to records, which could influence patient engagement and care coordination.

If you’d like, I can provide a side-by-side comparison with current law’s fee structure or create a quick FAQ for patients seeking records under HB 5681.

Compiled from official sources — confirm details with the bill’s official record.

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