South Dakota Medical Record Fees: The 2025-2026 Statutory Guide
In South Dakota, the fees a medical provider can charge for the reproduction of health records are strictly limited by SDCL § 36-2-16.4. South Dakota law is notably simple compared to other states, as it does not allow for “search and retrieval” fees or complicated tiered pricing.
1. Statutory Fee Schedule (2025-2026)
South Dakota law sets a single maximum per-page rate. While the statute does not explicitly differentiate between paper and electronic delivery costs, federal HIPAA guidelines generally apply to keep digital costs lower.
| Service Type | Paper Records Fee | Electronic Records Fee |
|---|---|---|
| Base / Search Fee | $0.00 (Prohibited) | $0.00 (Prohibited) |
| Per Page Rate | $0.50 per page | $0.50 per page (Max) |
| Postage | Actual Cost | N/A (if digital) |
No Search or Clerical Fees
Under SDCL § 36-2-16.4, a health care provider is prohibited from charging a “search,” “retrieval,” or “clerical” fee for the processing of a record request. They may only charge for the actual reproduction of the records.
Electronic Records and HIPAA
Because South Dakota statute does not provide a specific lower rate for electronic delivery, many providers attempt to charge the full $0.50 per page for PDFs. However, for requests made by the patient or their representative, federal HIPAA regulations (45 CFR § 164.524) limit the fee to the actual labor cost for the digital transfer, which is typically significantly lower than the $0.50 per-page statutory maximum.
2. Response Timeframe
South Dakota law requires that a provider furnish the requested medical records within 30 days of receiving a written request and payment of the reasonable costs.
3. Patient Access Protections
In South Dakota, a patient’s access to their medical records is not contingent on their payment of outstanding medical bills. Providers must fulfill a valid records request regardless of any debt owed for medical services rendered.
4. X-Rays and Specialized Media
For records that are not susceptible to conventional photocopying, such as X-rays, MRI films, or other specialized imaging, the provider may charge the actual cost of reproduction.
Audit Tip for South Dakota Paralegals
- The “Hidden” Search Fee: South Dakota is one of the few states that strictly forbids search/retrieval fees. If an invoice shows a “Handling Fee” or “Administrative Fee” of $20.00 or $30.00, it is a direct violation of SDCL § 36-2-16.4.
- The HIPAA Overlap: For large electronic files (e.g., 500+ pages), the $0.50 per-page rate ($250.00) may be considered “unreasonable” under federal HIPAA guidelines for digital records. Always request the “Reasonable Cost-Based Fee” for electronic delivery.
- No Sales Tax on Labor: Ensure that the provider is not improperly applying state sales tax to the labor of retrieving records, as South Dakota law focuses on the “reproduction” cost.
Audit Your Invoice
If a South Dakota clinic is attempting to charge a $25.00 search fee or is billing $0.50 per page for a digital file that required no scanning, our auditor uses SDCL § 36-2-16.4 to flag the discrepancy.
Not sure if your invoice is accurate? Use our Medical Record Fee Calculator to audit your charges against these South Dakota statutes.
Please understand that the materials on this web page are for general information purposes only, and is not intended as legal advice.