North Dakota Medical Record Fees: 2026 Statutory Guide
In North Dakota, medical record access is regulated under N.D. Cent. Code § 23-12-14. The statute sets maximum allowable charges that must include all administrative, retrieval, and postage expenses.
1. Statutory Fee Schedule (2026)
North Dakota utilizes two different fee structures based on the format provided.
| Service Type | Paper / Facsimile Records | Electronic / Digital Records |
|---|---|---|
| Clerical / Search Fee | $0.00 (Included) | $0.00 (Included) |
| Base Rate (Pgs 1-25) | $20.00 | $30.00 |
| Additional Pages (26+) | $0.75 per page | $0.25 per page |
| Statutory Max Cap | None | $50.00 (See Audit Rule) |
| Imaging (X-Ray) | Actual Cost | Actual Cost |
Audit Rule: The $50 Electronic “Safe Harbor”
Under N.D.C.C. § 23-12-14(2), if the total charge for paper records exceeds $50.00, and the provider is capable of providing the records in an electronic or digital format, the provider must provide those records in the electronic format for a flat fee not to exceed $50.00 if the requester asks for that alternative.
2. Mandatory Free Records
North Dakota law prioritizes the continuity of care by mandating free transfers between healthcare professionals:
- Continuation of Care: Under N.D.C.C. § 23-12-14(1), a health care provider must provide a free copy of a patient’s records to another health care provider designated by the patient if the records are requested for the purpose of transferring care or continuing treatment.
- Qualified Public Assistance: While North Dakota’s state statute is less specific than others regarding disability, federal HIPAA and Social Security guidelines for “reasonable” costs still apply for benefit appeals.
3. Patient Rights & Deadlines
- 30-Day Deadline: North Dakota follows the federal HIPAA standard of 30 days for record production.
- All-Inclusive Pricing: The fees listed above must include any administration fee, retrieval fee, and postage expense. Providers cannot add a separate “handling” fee on top of the $20 or $30 base.
- Format Preference: If a requester asks for electronic records and the provider uses an EMR, they must comply with the digital fee structure.
Audit Tip
The $50 Electronic Cap is the most important detail for North Dakota litigation. If a facility sends an invoice for $300 for a large paper chart, and you know they use an EMR (like Epic or Cerner), you can formally demand the records in digital format. At that point, the total bill—no matter how many thousands of pages—is capped at $50.00.
Audit Your Invoice
Watch for ROI vendors who try to charge a $20 “Search Fee” plus $0.75 per page. In North Dakota, that $20 base is the search fee and covers the first 25 pages. Charging it separately is a double-billing violation of N.D.C.C. § 23-12-14.
Not sure if your invoice is accurate? Use our Medical Record Fee Calculator to audit your charges against these active North Dakota statutes.
Please understand that the materials on this web page are for general information purposes only, and is not intended as legal advice.