West Virginia Medical Record Fees: The 2025-2026 Statutory Guide
West Virginia law provides a clear distinction between paper and electronic delivery. For all requesters, the law sets a strict “hard ceiling” for electronic records to prevent exorbitant fees for large digital files.
1. Statutory Fee Schedule (2025-2026)
| Service Type | Paper Records Fee | Electronic Records Fee |
|---|---|---|
| Search and Handling | $20.00 | $20.00 |
| Per Page Rate | $0.40 per page | $0.20 per page |
| Affidavit Fee | $10.00 | $10.00 |
| Electronic Total Cap | N/A | $150.00 Maximum |
| Postage | Actual Cost | N/A (if digital) |
The $150.00 Electronic Limit
Under W. Va. Code § 16-29-2(b)(2), if a record is delivered in an electronic or digital form, the total fee—including the search fee and all per-page charges—cannot exceed $150.00. This cap is inclusive of all labor and duplication costs.
X-Rays and Imaging
For records that cannot be reproduced by photocopying (such as X-rays, MRIs, or specialized films), the provider may charge the actual cost of the reproduction.
2. Mandatory Fee Waivers (Social Security)
Under W. Va. Code § 16-29-2(a), a provider cannot impose a charge on an indigent person or their authorized representative if the medical records are necessary to support a claim or appeal under the Social Security Act (SSDI/SSI).
3. Response Timeframe
West Virginia law requires providers to furnish records within a reasonable time. While the state statute does not specify a day-count, providers generally adhere to the 30-day federal HIPAA standard to avoid administrative penalties.
Audit Tip for West Virginia Paralegals
- The Digital Savings: If a provider charges $0.40 per page for a digital file (PDF), they are overcharging. West Virginia law explicitly requires digital pages to be billed at $0.20 per page.
- The $150.00 Hard Stop: For very large electronic productions (e.g., 1,500 pages), the per-page math would total over $300. In West Virginia, that invoice must be legally reduced to the $150.00 maximum cap.
- Authorized Representatives: The fee protections and waivers for Social Security claims apply equally to “authorized representatives” (law firms) as they do to the patients themselves.
Audit Your Invoice
If a West Virginia provider is billing $0.40 per page for digital records or ignoring the $150.00 total electronic cap, our auditor uses § 16-29-2 to generate a dispute.
Not sure if your invoice is accurate? Use our Medical Record Fee Calculator to audit your charges against these West Virginia statutes.
Please understand that the materials on this web page are for general information purposes only, and is not intended as legal advice.