Massachusetts Medical Record Fees: The 2025-2026 Statutory Guide

In Massachusetts, the cost of reproducing medical records is governed by M.G.L. c. 111, § 70. The law requires that fees be “reasonable” and provides a specific formula for annual inflation adjustments. For 2026, healthcare providers and hospitals must adhere to the latest adjusted rates established by the Department of Public Health.

1. Statutory Fee Schedule (2026 Adjusted Rates)

Massachusetts utilizes a base fee plus a sliding per-page scale. These rates are adjusted annually every October to reflect changes in the Consumer Price Index (CPI).

Base Fee Coverage

The $28.69 base charge is intended to cover all clerical and administrative expenses, including the time spent searching for and retrieving the record. Providers are prohibited from charging an additional hourly “search fee” on top of this base amount.

2. Mandatory Free Records (Public Assistance)

Massachusetts law provides significant protections for individuals with financial needs. Under M.G.L. c. 111, § 70, a health care provider cannot charge any fee if:

• The records are requested to support a claim or appeal under the Social Security Act (SSDI/SSI).
• The request is for any federal or state financial needs-based benefit program (e.g., MassHealth).
• Requirement: The requester must provide reasonable documentation at the time of the request showing that the purpose is for a benefits claim or appeal.

3. The Patient Rate (HIPAA & M.G.L. c. 112, § 12CC)

While § 70 sets the maximum for third parties and attorneys, Massachusetts patients have additional rights under M.G.L. c. 112, § 12CC:

• Inspection: Patients have the right to inspect their records at no cost.
• Cost-Based Fees: Federal HIPAA regulations act as a ceiling for patient requests. For records maintained electronically, many Massachusetts providers offer a $6.50 flat fee for digital delivery via a secure portal.

4. X-Rays and Imaging

The per-page statutory rates do not apply to X-rays, MRIs, or other imaging media. Providers are permitted to charge the actual cost of reproduction for these specialized records, plus the $28.69 base fee if no other records are being provided.

Audit Tip for Massachusetts Paralegals

The “October Adjustment” is where most billing errors occur.

1. Check the Date: Ensure the vendor is using the correct CPI adjustment for the current year. Some third-party retrieval companies “round up” or use outdated figures that exceed the $28.69 / $0.96 / $0.49 thresholds.
2. Double-Dipping: If a vendor charges the $28.69 base fee and an additional “retrieval” or “clerical” fee, they are in direct violation of the statute. The base fee is the only administrative charge allowed.

Audit Your Invoice

If you believe a Massachusetts hospital or clinic is overcharging for copies or failing to waive fees for a Social Security appeal, our tools can verify the bill against the 2026 CPI-adjusted maximums.

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

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