Delaware Medical Record Fees: 2026 Statutory Guide

In Delaware, fees for duplicating medical records are set by the Board of Medical Licensure and Discipline. These regulations apply to all “persons certified to practice medicine” in the state, including physicians and their authorized ROI vendors.

1. Statutory Fee Schedule (2026)

Delaware uses a regressive tiered pricing model. Under 24 Del. Admin. Code § 1700-16.2, these rates apply to both paper and electronic records.

Audit Rule: No Separate Search Fees

Delaware’s administrative code does not authorize a separate “Search,” “Retrieval,” or “Administrative” fee. The higher rate for the first 10 pages ($2.00/page) is designed to cover the clerical effort of locating the file. Any invoice listing a “Search Fee” as a separate line item is a statutory overcharge.

2. Mandatory Free Records

Delaware provides protections for patients seeking disability benefits to ensure financial barriers do not prevent access to essential programs:

• Disability Benefit Applications: Under 24 Del. Admin. Code § 1700-16.3, providers cannot require prepayment of costs for records requested to make or complete an application for a disability benefits program (e.g., SSDI/SSI).
• Right to Inspect: Patients have the right to review their records. While fees apply for copies, providers are generally required to allow inspection under reasonable conditions at no charge.

3. Patient Rights & Deadlines

• 45-Day Deadline: Under 10 Del. C. § 3926, a healthcare provider must produce a copy of the requested medical records within 45 days of receiving a signed authorization.
• 14-Day Prepayment Notice: If a provider requires payment in advance, they must provide written notice of the total amount due within 14 days of the original request.
• Civil Penalties: Failure to produce records within the 45-day window can result in a civil penalty of up to $25.00 per business day that the records are delinquent.

Audit Tip

For plaintiff attorneys, Delaware’s $25.00 per day penalty is a powerful tool. If a vendor takes 60 days to respond (15 days past the deadline), that is potentially $375 in penalties that can be leveraged to waive the copy fees entirely. Always track the date the facility received your HIPAA-compliant authorization.

Audit Your Invoice

Calculate the tiered total manually for large requests. For a 100-page file, the total should be $86.00 ($20 for first 10 + $10 for next 10 + $36 for next 40 + $20 for remaining 40). If your invoice exceeds this total or includes an additional “Processing Fee,” it is likely non-compliant.

Not sure if your invoice is accurate? Use our Medical Record Fee Calculator to audit your charges against these active Delaware statutes.

Please understand that the materials on this web page are for general information purposes only, and is not intended as legal advice.