California Medical Record Fees: 2026 Statutory Guide
Medical record access in California is governed by the California Patient Access to Health Records Act (CAPAHRA). For plaintiff attorneys, Evidence Code § 1158 provides a critical “Attorney Rate” that is significantly lower than standard patient fees.
1. Statutory Fee Schedule (2026)
California law distinguishes between physical paper reproduction and digital delivery. Per-page fees are prohibited for electronic records delivered from an EHR system.
| Service Type | Patient Paper (HSC 123110) | Attorney Paper (Evid. 1158) | Electronic (EHR) |
|---|---|---|---|
| Per Page Rate | $0.25 | $0.10 | $0.00 |
| Clerical Fee | Reasonable actual | $16.00/hr max | Actual Labor only |
| Microfilm Rate | $0.50 | $0.20 | $0.00 |
| Postage | Actual Cost | Actual Cost | $0.00 |
| Imaging (X-Ray) | Actual Cost | Actual Cost | Actual Cost |
Audit Rule: The Electronic Prohibition
Under HSC § 123110(j), if a provider maintains records electronically, they cannot charge per-page fees ($0.10 or $0.25) for a digital export. They are limited to the “actual labor cost” of complying with the request. Any invoice for a PDF download that lists a per-page charge is a statutory overcharge.
2. Mandatory Free Records
California mandates free records in specific circumstances to ensure costs do not block access to public assistance:
- Public Benefit Appeals: Under HSC § 123110(d), patients (or their non-profit representatives) are entitled to one free copy to support an appeal for:
- Medi-Cal / CalWORKs
- Social Security Disability (SSDI/SSI)
- Veterans’ Benefits
- Free Inspection: Patients and attorneys have the right to inspect records during business hours at no charge. The provider must make them available within 5 working days of a request to inspect.
3. Critical Deadlines & Attorney Rights
- 15-Day Deadline: Providers have exactly 15 days from receipt of a written request to provide copies.
- 5-Day Inspection: If you only request to inspect the records, they must be produced within 5 business days.
- Pre-Litigation Access: Evidence Code § 1158 is specifically designed for use prior to the filing of an action. Failure to comply can subject the provider to liability for all reasonable expenses, including attorney’s fees incurred to enforce the request.
Audit Tip
Many ROI (Release of Information) vendors incorrectly bill attorney requests at the $0.25 patient rate or “commercial rates.” If you are representing a patient and provide a signed authorization, you are entitled to the $0.10 per page rate for paper or Actual Labor Only for electronic files.
Audit Your Invoice
Check for “Retrieval Fees” or “Handling Fees.” If these exceed the $16/hr clerical cap (billed at $4 per 15 mins) or are charged alongside a per-page fee for electronic records, the invoice is non-compliant.
Not sure if your invoice is accurate? Use our Medical Record Fee Calculator to audit your charges against these active California statutes.
Please understand that the materials on this web page are for general information purposes only, and is not intended as legal advice.