New York Medical Record Fees: The 2025-2026 Statutory Guide

In New York, access to medical records is governed by Public Health Law § 17 (for records held by physicians) and Public Health Law § 18 (for records held by facilities). New York law prioritizes patient access, strictly capping costs and ensuring that financial hardship does not block a patient’s right to their health history.

1. Statutory Fee Schedule (2025-2026)

New York uses a single, straightforward per-page cap for paper records. Unlike other states, New York does not allow for an administrative “handling” or “search” fee.

The “No Search Fee” Rule

New York law is explicit: a physician or hospital may charge a “reasonable charge” for the expense of providing copies, but this is limited specifically to the cost of the copies themselves. New York courts and the Department of Health have consistently ruled that “search and retrieval” fees are prohibited.

Electronic Record Pricing

For records maintained in electronic format, New York law requires providers to furnish them in electronic or paper form at the patient’s request. While the law allows for a “reasonable charge,” federal HIPAA standards generally limit this to the actual labor cost of the export, often resulting in fees much lower than the $0.75 per-page paper rate.

2. Mandatory Free Records (Government Benefits)

Under N.Y. Pub. Health Law § 17, providers shall not impose any charge for providing medical records when they are requested for the purpose of supporting an application, claim, or appeal for any government benefit or program. This includes:

• Social Security Disability (SSDI/SSI)
• Medicaid / Medicare appeals
• Veterans’ benefits
• Public assistance programs

3. Inability to Pay Protection

New York law provides a unique “Safety Net” provision: “A release of records under this section shall not be denied solely because of inability to pay.” If a patient can demonstrate financial hardship, the provider must furnish the records even if the patient cannot pay the $0.75 per-page fee.

4. X-Rays and Mammograms

• Imaging: Providers may charge the documented costs associated with duplicating X-rays or other specialized media.
• Mammograms: Providers must release original mammograms (not copies) upon request to a patient or their new physician. They are prohibited from charging for the copying of a mammogram if the original is released.

Audit Tip for New York Paralegals

New York is a high-volume state for overcharging by third-party vendors.

1. The “Basic Fee” Audit: Many vendors (Datavant, Ciox, etc.) will add a $25.00 “Basic Fee” or “Retrieval Fee” to New York invoices. This is a direct violation of NY Public Health Law. The only allowable charge is the per-page fee (up to $0.75).
2. The “Original” Request: If your case involves breast cancer or radiology, remember that you are entitled to the original mammogram films under § 17, and the provider cannot charge you for “copying” them if they are handing over the originals.

Audit Your Invoice

If you believe a New York hospital or physician is improperly charging a “search fee” or denying records for an SSDI appeal due to non-payment, our auditor is programmed to flag these NY Public Health Law violations.

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

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