45 CFR § 164.524 & § 164.508 HIPAA Compliant
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Ciox Health v. Azar (2020) & Medical Record Copying Fee Schedules Explained

Why the federal court ruling in Ciox Health, LLC v. Azar, 435 F. Supp. 3d 30 (D.D.C. 2020) eliminated the $6.50 HITECH fee cap for third-party law firm requests—and how state statutory fee schedules vs. direct patient requests work today.

Answer-First Statutory & Procedural Summary

Quick-Reference Facts: Ciox v. Azar & Record Fee Schedules

Case Citation
Ciox Health, LLC v. Azar, 435 F. Supp. 3d 30 (D.D.C. Jan. 23, 2020) (Judge Amit P. Mehta).
HHS OCR Notice
HHS Office for Civil Rights 'Important Notice Regarding Individuals' Right of Access to Health Records' (Jan. 28, 2020).
What Was Vacated
(1) The 2016 HHS guidance extending the HIPAA 'Patient Rate' (45 CFR § 164.524(c)(4)) to third-party directives, and (2) the expansion of the HITECH third-party directive rule beyond records kept in an EHR.
What Remains Valid Law
The HIPAA Patient Rate (reasonable cost-based labor fee or optional $6.50 flat-fee election, with $0 search fees) STILL applies whenever records are requested by and provided directly to the individual patient.

Medical Record Copying Fee Rules After Ciox Health, LLC v. Azar (2020)

ScenarioWho Receives the Delivery?Governing Fee Law Post-2020Are Search / Clerical Fees Allowed?
Patient Direct Access RequestDelivered directly to the patient's email, portal, or home addressFederal HIPAA Patient Rate (45 CFR § 164.524(c)(4)) — Cost-based labor only (or optional $6.50 flat election)NO — Prohibited by 45 CFR § 164.524(c)(4)
Third-Party Directive (EHR Only)Patient directs provider to send EHR records to a law firmState Statutory Copying Fee Schedule (Ciox v. Azar vacated the federal Patient Rate for 3rd parties)Yes, up to the State Statutory Search Fee Cap
Third-Party HIPAA Authorization (45 CFR § 164.508)Law firm, insurer, or retrieval vendor submits signed HIPAA releaseState Statutory Copying Fee ScheduleYes, up to the State Statutory Search Fee Cap

Why Outdated 'HITECH $6.50' Letters Get Rejected by Hospitals and Ciox/MRO Today

Between 2016 and January 2020, personal injury attorneys across the country sent 'HITECH Third-Party Directive' letters signed by their clients demanding that hospitals and Ciox Health send electronic PDFs to the law firm for $6.50. On January 23, 2020, in Ciox Health, LLC v. Azar, 435 F. Supp. 3d 30 (D.D.C. 2020), the U.S. District Court for the District of Columbia ruled that HHS exceeded its statutory authority in 2016 when it extended the HIPAA 'Patient Rate' cap to third-party directives. Five days later, on January 28, 2020, HHS OCR formally announced that the cost-based fee limitation in 45 CFR § 164.524(c)(4) applies ONLY when an individual requests access for themselves. Consequently, when records are sent to a law firm, state statutory copying fee caps govern.