Virginia Medical Record Fees: The 2025-2026 Statutory Guide
In Virginia, the fees for duplicating medical records are capped under Va. Code § 8.01-413. These caps are adjusted annually. Virginia law distinguishes between records maintained in paper format and those maintained in an electronic format, with lower search fees incentivizing digital delivery.
1. Statutory Fee Schedule (2026)
The following rates represent the maximum allowable charges for 2026. Virginia allows a flat “Search and Handling” fee plus a tiered per-page rate.
| Service Type | Paper Records Fee | Electronic Records Fee |
|---|---|---|
| Search and Handling | $24.36 | $24.36 (Max) |
| Pages 1–50 | $0.61 per page | $0.37 per page |
| Pages 51+ | $0.31 per page | $0.21 per page |
| Electronic Total Cap | N/A | $182.65 Maximum |
| X-Rays & Imaging | $11.58 per copy | $11.58 per copy |
| Postage | Actual Cost | Actual Cost |
The Electronic Record Cap
Under Va. Code § 8.01-413(B), for records maintained in an electronic format, the total charge for a request—including the search fee and all per-page costs—may not exceed $182.65. This cap does not apply to paper records or to the reproduction of X-rays/specialized imaging.
Records from Non-Providers
If records are held by an entity that is not a healthcare provider (such as a storage facility), they may charge the same rates, provided they comply with the same 15-day response requirement.
2. Mandatory Fee Waivers (Indigency)
Virginia law provides a specific protection for patients who cannot afford their records. A provider shall not deny a patient a copy of their records because of an inability to pay. While the statute allows the provider to charge the fee, they are encouraged to waive it for indigent individuals, and they cannot withhold the records to “collect” on a medical debt.
3. Response Timeframe
Virginia has one of the strictest response windows in the country. Under Va. Code § 8.01-413(B), a provider must furnish the requested records within 15 days of receipt of the request. If the provider cannot comply within 15 days, they must provide written notice to the requester explaining the delay.
4. Certification and Affidavits
If the requester requires a certified copy or a Business Records Affidavit, the provider may charge a reasonable fee. In Virginia practice, this is typically a flat fee of $10.00 to $20.00, though it must reflect the actual labor involved in notarization.
Audit Tip for Virginia Paralegals
- The 15-Day Clock: Virginia is faster than the federal 30-day HIPAA window. If a provider takes 25 days without providing a written reason for the delay, they are in violation of state law.
- The Electronic Ceiling: If you receive an invoice for a digital production (PDF) that totals $250.00, it is a statutory violation. Regardless of page count, the total for electronic records is capped at $182.65.
- Double-Dipping on Search Fees: If a provider charges a “Search Fee” and a “Retrieval Fee” as two separate line items, this is an overcharge. Virginia only authorizes a single “Search and Handling” fee.
Audit Your Invoice
If a Virginia hospital is ignoring the $182.65 electronic cap or failing to meet the 15-day production deadline, our auditor uses Va. Code § 8.01-413 to flag the discrepancy.
Not sure if your invoice is accurate? Use our Medical Record Fee Calculator to audit your charges against these Virginia statutes.
Please understand that the materials on this web page are for general information purposes only, and is not intended as legal advice.