Nebraska Medical Record Fees: The 2025-2026 Statutory Guide

In Nebraska, the cost of medical record retrieval is governed by Neb. Rev. Stat. § 71-8404. This statute sets maximum limits on what healthcare providers can charge patients and their authorized representatives, ensuring that access to vital health information remains affordable.

1. Statutory Fee Schedule (2025-2026)

Nebraska uses a simple two-tier system consisting of a flat handling fee and a per-page charge.

Digital Record Considerations

While § 71-8404 was originally written with paper in mind, Nebraska law stipulates that for records that cannot be routinely photocopied (such as digital files or imaging), the provider may charge the reasonable cost of duplication.

• The “Reasonable” Bar: For electronic records, this is generally interpreted as the $20.00 handling fee plus the cost of the digital media (e.g., a USB drive).
• Per-Page Avoidance: Because digital files do not incur “copying” costs in the traditional sense, charging $0.50 per page for a PDF is often considered an overcharge in Nebraska if the file is already stored electronically.

2. Mandatory Fee Waivers (Disability & Benefits)

Nebraska provides some of the strongest fee-waiver protections for patients seeking assistance. Under Neb. Rev. Stat. § 71-8405, a provider shall not charge any fee (including the handling fee) for records requested for use in:

• Supporting an application for Social Security Disability (SSDI/SSI).
• Appeals related to the denial of disability benefits.
• Applications for medical assistance under the Medical Assistance Act (Medicaid).
• Benefits related to assistance for certain children (Sections 43-501 to 43-536).

3. X-Rays and Specialized Records

For records that cannot be duplicated on a standard photocopy machine, such as X-rays, the provider may charge for the actual cost of labor and materials required to furnish the copy. If the provider lacks the equipment to reproduce these records, the requester may arrange for reproduction at their own expense.

4. The Patient Rate (HIPAA Protection)

Under federal HIPAA regulations, patients requesting records for personal use have additional protections:

• No Handling Fees: Providers are prohibited from charging “search and retrieval” fees (like the $20 handling fee) to patients.
• Portal Access: Under the 21st Century Cures Act, access via a patient portal (like MyChart) must be provided free of charge.

Audit Tip for Nebraska Paralegals

The “Handling Fee” is a one-time charge per request.

• The Violation: A vendor submits two separate invoices—one for “Billing Records” and one for “Clinical Records”—and charges the $20 handling fee on both.
• The Audit: Under Nebraska law, this is a single “request” for a copy of the medical record. You should dispute the duplicate $20 charge, citing that the handling fee is “per request” under § 71-8404.

Audit Your Invoice

If you believe a Nebraska provider is improperly charging fees for a Social Security appeal or applying per-page rates to a digital file, our tools are calibrated to flag these § 71-8404 violations.

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

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