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Record Copies Requested from Out-of-State Parties

The following is a recent question that came in from a client that serves as a helpful reminder:

Q: We often receive requests from out-of-state attorneys who want us to bill for copies of records in accordance with their state laws. Should we abide by the law of the attorney's jurisdiction or Texas, where the patient underwent surgery?

A: You are governed by the laws of the state where you do business. If your facility is located in Texas, charge for copies of records in accordance with Texas law. Remember that Texas law establishes a maximum fee that may be charged for copies of medical records, but you are free to charge a lower fee if you wish to do so.