1. (a) Upon receipt of a request for medical records that complies with §159.005 of the Act, a physician must provide the information within 15 days of the request and in accordance with Chapter 159 of the Act.
2. (b) Requests for diagnostic imaging, including static films, non-static films, and imaging studies, must specify whether a copy or the original of the study is sought.

3. (c) Allowable charges for records:

   1. (1) paper records - the maximum fee may be $25.00 for the first twenty pages and $.50 per page thereafter
   2. (2) electronic records - the maximum fee may be $25.00 for 500 pages or less and $50.00 for more than 500 pages;
   3. (3) hybrid records (part paper and electronic) - the fee for each different format may be utilized, including diagnostic studies;
   4. (4) if an affidavit is requested for the records, the maximum fee may be $15.00;
   5. (5) if a narrative is provided in lieu of records, the maximum fee may be $20.00;
   6. (6) requests that all records be in paper format even though available as electronic records - the paper record fee may be charged; and
   7. (7) if records are mailed to the requestor - actual postage cost may be charged.
4. (d) A provider cannot deny a request for medical records due to a delinquent account or amounts owed to the provider.
5. (e) A provider cannot require a subpoena for the records if a proper request is made in accordance with §159.005 of the Act.
6. (f) A denial of a request for records must be in accordance with §159.006(e) of the Act.

Source Note:The provisions of this §163.3 adopted to be effective January 9, 2025, 50 TexReg 333.