[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR35.17]



[Page 115-116]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 35_HOSPITAL AND STATION MANAGEMENT--Table of Contents

 

                            Subpart A_General

 

Sec. 35.17  Fees and charges for copying, certification, search of 

records and related services.



    A prescribed fee, in accordance with the schedule in paragraph (c) 

of this section, shall be collected for each of the listed services.

    (a) Application for services. Any person requesting (1) a copy of a 

clinical record, clinical abstract, or other document containing 

clinical information; or (2) a certification of a clinical record or 

document; or (3) a search of clinical records, shall make written 

application therefor to the Public Health Service facility having 

custody of the subject matter involved. Such application shall state 

specifically the particular record or document requested, and the 

purpose for which such copy or document is desired to be used. The 

application shall be accompanied by a deposit in an amount equal to the 

prescribed charge for the service rendered. Where it is not known if a 

clinical record or other document is in existence, the application shall 

be accompanied by a minimum deposit of $2.50.

    (b) Authorization for disclosure. The furnishing of copies of PHS 

records containing confidential clinical information must comply with 

the requirements of part I, title 42, Code of Federal Regulations, 

governing authorization for the disclosure of such information.

    (c) Schedule of fees.



(1) Photocopy reproduction of a clinical record or other

 document (through use of facility equipment):

  (a) Processing (searching, preparation of record and use of      $3.25

   equipment), first page.......................................

  (b) Each additional page......................................     .25

(2) Certification, per document.................................     .25

(3) Unsuccessful searching, per hour (minimum charge 1 hour)....    2.50

(4) Clinical abstracts, per request.............................    3.00

(5) Arranging commercial duplication of a clinical record, per       \1\

 request........................................................    0.50

(6) If the requested material is to be transmitted by registered

 mail, airmail, or special delivery mail, the postal fees

 therefor shall be added to the other fees provided above,

 unless the applicant has included proper postage or stamped

 return envelopes for this purpose.



\1\ The private concern which duplicates records for an applicant will

  make a separate charge therefor and will bill the applicant directly.



    (d) Waiver of fee. The prescribed fee may be waived, in the 

discretion of the medical officer in charge, under the following 

circumstances:

    (1) When the service or document is requested by another agency of 

the Federal Government for use in carrying out official Government 

business.

    (2) When a clinical record is requested for the purpose of providing 

continued medical care to a Service beneficiary by a non-Service 

physician, clinic, or hospital, in which case the record will be 

forwarded only to the physician, clinic, or hospital concerned.



[[Page 116]]



    (3) When the service or document is requested by an attorney in the 

prosecution of a Service beneficiary's personal injury claim against a 

third person, involving the concurrent assertion of a government medical 

care claim under 42 U.S.C. 2651-2653. In such case, the service or 

document requested will be furnished only upon compliance with all 

additional requirements for the release of records in third party 

recovery cases, including the proper execution of form PHS-4686, 

Agreement to Assign Claim Upon Request.

    (4) When the service or document is requested by, and furnished to, 

a Member of Congress for official use.

    (5) When the service or document is requested by, and furnished to, 

a court in lieu of the personal court appearance of an employee of the 

Public Health Service.

    (6) When the service or document is required to be furnished free in 

accordance with a Federal statute or an Executive order.

    (7) When the furnishing of the service or document requested without 

charge would be an appropriate courtesy to a foreign country or 

international organization.



(Sec. 501, 65 Stat. 290; 31 U.S.C. 483(a); sec. 215, 58 Stat. 690, as 

amended; 42 U.S.C. 216)



[32 FR 6842, May 4, 1967]