§ [3–1210.12]. Persons authorized by a patient or client to receive personal medical records.

(a)(1) Subject to paragraph (3) of this subsection and provided that the authorization is clear, conspicuous, and specific, if a patient or client authorizes a person to receive their personal medical records and the authorized person requests the patient's or client's personal medical record from a health care entity having custody and control of the personal medical record, the health care entity shall transmit to the requester, within 30 days from the date the request was received, a complete and current copy of the personal medical record in the form and format requested provided that the personal medical record is readily producible in the form and format requested.

(2) If the personal medical record is not producible in the form and format requested, the health care entity shall produce the personal medical record to the requester in a readable electronic form and format either by email or by uploading the personal medical record to an electronic portal accessible to the requestor.

(3)(A) If the personal medical record cannot be produced within the 30-day period as provided in paragraph (1) of this subsection, the health care entity shall state in writing the reason for the delay and the date by which the record will be produced; provided, that the health care entity shall transmit the record within 60 days from the date the request was received.

(B) If the health care entity fails to furnish the requested personal medical record within the 60-day period, the health care entity shall reduce its fee for producing the personal medical record as provided for under subsection (b) of this section by 15 dollars for each day of non-compliance; provided, that the fee reduction shall not exceed the amount the health care entity would have otherwise charged the requestor.

(C) No fee reduction shall be made when a health care entity has a legal basis for withholding a personal medical record.

(b) A health care entity may require an authorized person to pay:

(1) For a personal medical record that is produced in an electronic format:

(A) A search and handling fee of $22.88, even if no personal medical record is located; and

(B) A per page fee not exceeding 66 cents; provided the total amount shall not exceed $86.54.

(2) For any personal medical record that is produced in a non-electronic format:

(A) A search and handling fee of $22.88, even if no personal medical record is located;

(B) A per page fee not exceeding 88 cents; and

(c) The fees enumerated in subsection (b) of this section are the only fees that a health care entity may charge an authorized person for the production of a personal medical record; except, that nothing in this section shall be construed or applied to require or excuse noncompliance with any federal law or regulation.

(d)(1) The fees enumerated in subsection (b) of this section shall be adjusted for inflation on an annual basis starting on January 1, 2024, in accordance with the Consumer Price Index ("CPI") for the District as calculated by the United States Bureau of Labor Statistics.

(2) The Department of Health shall calculate the CPI adjustments and publish the adjusted fee amounts on the Department's website no later than February 1 of each year.

(e) For purposes of this section, the term "health care entity" means a health care provider or a business associate as defined in 45 C.F.R. § 160.103.