Legal Fees and Court Action Services
Under the Health Insurance Portability and Accountability Act (HIPAA), a covered entity can charge reasonable cost-based fees for providing medical records to patients (45 CFR 164.524(c)).
HEC’s most recent regulations for legal fees and court actions are as follows:
A charge of $25.00 per hour may be collected for administrative costs. In addition;
A fee of $10.00 USD will be charged for certifying the medical records. In addition;
The cost of postage will also be charged. In addition;
Fees for copying documents will be:
$0.97 per page for the first 20 pages
$0.83 per page for pages 21 through 100
$0.66 for each page copied in excess of 100 pages
For medical records that are not in paper form, the provider shall be entitled to recover the full reasonable cost of reproduction with a minimum fee of $25.00 USD.
Publishing Fees
For letter writing, treatment plan summaries, completion of forms for disability, etc. HEC will charge a minimum of $50.00 and a maximum of $150 depending on time investment and document type.
Attendance in Court and Depositions
Clients are highly discouraged from having their therapist subpoenaed for a variety of reasons. Even though you are responsible for the testimony fee, it does not mean that HEC’s clinicians’ testimony will be solely in your favor. HEC can only testify to the facts of the case and to their professional opinion. Testimony will also allow for information previously protected by HIPAA laws to be eigible to be provided in open court.
For those desire to proceed with court or deposition attendance, the following fees are in effect:
Preparation time (including submission of records): $200/hr
Phone calls: $200/hr
Depositions: $250/hour
Time required in giving testimony: $250/hour
Mileage: $0.55/mile
Time away from office due to depositions or testimony: $200/hour
All attorney fees and costs incurred by the therapist as a result of the legal action.
Filing a document with the court: $100
The minimum charge for a court appearance: $1500
A retainer of $1500 is due in advance.
If a subpoena or notice to meet attorney(s) is received without a minimum of 48-hour notice there will be an additional $250 “express” charge (if the case is reset with less than 72 business hours notice, then the client will be charged $500 in addition to the retainer of $1500).
Finally, all fees are doubled if the HEC clinicians had scheduled plans to be away from the office or on vacation.