Copying Fee Charges by Health Care Providers under a Subpoena

The agency periodically receives inquiries concerning the amount health care providers may charge for medical records under a workers' compensation subpoena.

The Michigan Administrative Hearing System Rule R 792.11306(4) states in pertinent part, “The charges for copying records shall be limited to the charges permitted by the workers’ compensation agency health care services in R 418.10118(1).”

The Health Care Services Rule (HCSR) R 418.10118(1) states “A practitioner, facility, or health care organization shall, at the request of the carrier, the carrier's agent, the employee, or the employee's agent, furnish copies of the case record for a particular covered injury or illness to the carrier, the carrier's agent, the employee, or the employee's agent. The maximum fee for providing copies shall be 45 cents per page, plus the actual cost of mailing. In addition, an administration charge for the staff's time to retrieve and copy the records shall be paid as follows: 0-15 minutes $2.50. Each additional 15 minute increment $2.50.

The health care service rules are promulgated to provide a schedule of maximum charges for particular covered injuries or illnesses. They are not promulgated to establish maximum charges for records that do not pertain directly to the covered injury or illness.

All questions and concerns over compliance with a subpoena, including the amount that a health care provider may charge under a subpoena for records in its possession, should be directed to the magistrate assigned to hear the case.