Montana Medical Record Fees: The 2025-2026 Statutory Guide
In Montana, the cost of accessing health care information is regulated under the Uniform Health Care Information Act, specifically MCA 50-16-540. Montana law is particularly protective regarding digital records, as it prohibits providers from charging “per-page” fees for electronic delivery.
1. Statutory Fee Schedule (2025-2026)
Montana’s rates are fixed by statute. The most critical distinction is between paper reproduction and electronic data delivery.
| Service Type | Paper Format Fee | Electronic Format Fee |
|---|---|---|
| Administrative Fee | $15.00 (Search/Handling) | Included in Flat Fee |
| Per Page Fee | $0.50 per page | $0.00 (Prohibited) |
| Total Record Cap | No Cap (Per-page applies) | $15.00 Maximum |
| Postage | Actual cost | $0.00 (if emailed/portal) |
The “Electronic Flat Fee” Rule
Under MCA 50-16-540(2), when a health care provider maintains records in an electronic format, the “reasonable fee” for providing those records electronically—by any means, including email, portal, or disc—may not exceed $15.00.
- What’s included: This $15.00 is an all-inclusive fee for searching, handling, preparing, and delivering the digital file.
- No Per-Page Charges: Providers are strictly prohibited from applying the $0.50 per-page rate to records delivered in an electronic format.
2. Paper Record Restrictions
For records that are not maintained electronically (legacy paper charts), the provider may charge $0.50 per page plus the $15.00 administrative fee. However, if the records are stored in an EMR (Electronic Medical Record) system, the provider cannot “print to paper” just to justify the higher per-page fees.
3. The Patient Rate (HIPAA Protection)
Federal HIPAA law provides the ultimate ceiling for patients.
- Search/Retrieval Prohibited: Under HIPAA, if a patient (not their attorney) requests their own records, the provider cannot charge the $15.00 administrative fee.
- Actual Cost Only: The patient should only be charged for the actual labor of creating the copy and the cost of the digital media (if a USB is provided).
4. The 10-Day Compliance Rule
Montana has one of the strictest fulfillment timelines in the nation. Under MCA 50-16-541, a provider must respond to a written request for records within 10 days.
Audit Tip for Montana Paralegals
The “$15 Digital Cap” is your strongest tool.
- The Violation: You receive a $250.00 bill for a “Digital Download” of 500 pages.
- The Dispute: Cite MCA 50-16-540(2). Because the records were delivered electronically, the maximum allowable fee is $15.00 total. The vendor cannot charge $0.50 per page for digital files. Any invoice exceeding $15.00 for an electronic record is a statutory overcharge.
Audit Your Invoice
If you believe a Montana hospital or clinic is overcharging for electronic records or ignoring the 10-day deadline, our auditor will flag the $15.00 cap immediately.
Not sure if your invoice is accurate? Use our Medical Record Fee Calculator to audit your charges against these Montana statutes.
Please understand that the materials on this web page are for general information purposes only, and is not intended as legal advice.