Copying Fee Charges by Health Care Providers under a Subpoena
The bureau continues to receive inquiries and correspondence from attorneys and heath care providers concerning the amount health care providers may charge for medical records under a workers' compensation subpoena.
The Health Care Services Rule R 418.10118 only applies to medical records in possession of a health care provider relating to the specific work-related condition, treatment and request for payment of that treatment. This rule does not pertain to medical records requested by a subpoena that are part of litigation.
If an attorney or party does not agree with the amount charged by a health care provider for records in its possession, then the attorney or party can subpoena the custodian of the records to appear at the bureau hearing site on the date and time of the hearing provided on the subpoena. Questions concerning the subpoena should be directed to the magistrate assigned to hear the case.
The attorney and the health care provider will have to determine which method of supplying the medical records is the most cost effective for each.