[Direct answer]It can be charged, but only for the cost of materials. According to Article 16 of the "Regulations on the Prevention and Handling of Medical Disputes" (Decree No. 701 of the State Council, implemented on October 1, 2018), medical institutions may, at the request of patients, copy medical records for them, and may charge a cost of materials, the charging standard of which shall be made public; Article 23 of the "Regulations on the Management of Medical Records in Medical Institutions (2013 Edition)" (No. 31 of the National Health Commission, 2014) also stipulates that medical institutions may charge a cost of materials for copying medical records in accordance with the regulations. This means that the charging items are limited to the cost of the copying service, and no additional fees may be charged for the medical records themselves or for accessing or retrieving them, nor may any undisclosed fees be charged. There are differences in charging standards across different regions, and the charging standards shall be subject to the public announcement of the visiting institutions. If you encounter unlawful charging, you can first report it to the medical institution's complaint management department, or you can also file a complaint or report to the health administrative department or the market supervision department.

1. Problem background and typical scenarios

When family members decide to protect their rights, apply for compensation, or transfer to another hospital for treatment, they often need to copy their previous medical records. When they go to the medical records room to inquire, some hospitals charge by the page, others offer a fixed price, some require scanning a QR code to pay but do not provide receipts, and some are even told that they cannot get copies without paying. The common questions from patients are: Should they pay this money at all? How much is reasonable? Is it legal for hospitals to charge for medical record retrieval and service fees? In fact, the charging limits for copying medical records are clearly defined in regulations. It is a low-cost, high-value evidence-gathering action. Understanding the rules can not only help avoid wasting money, but also prevent being deliberately harassed. For related evidence-gathering and rights protection arrangements, please refer to the following document:Legal services for personal injury and medical disputes.

II. Key points of dispute

The controversy focuses on three points. Firstly, the charging boundary: According to the regulations, only the cost of copying medical records can be charged. Access to and retrieval of records beyond copying cannot be charged separately, nor can the provision of copying services be refused on the grounds of non-payment—patients' right to copy medical records is a statutory right, and charging items cannot be conflated with rights protection. Secondly, charging standards and local differences: Different regions charge by page or session, with amounts usually limited. Specific standards are subject to public disclosure by the medical institution, and unpublished standards can be requested to be explained. Thirdly, remedies for illegal charging: The regulation explicitly requires that charging standards be publicly disclosed. If patients encounter charges exceeding the standard, unauthorized charges, or charges without providing receipts, they can file complaints with the medical institution's management department, the health authority, or the market supervision department. It is not advisable to engage in a stalemate with the hospital and delay evidence collection. When handling similar cases in Beijing, lawyers generally advise clients to pay according to the publicly disclosed standards, keep receipts, and focus their efforts on subsequent rights protection.

III. Professional analysis by Henglue Lawyers

The cost of copying medical records is low, but their value is high. This is an intuitive feeling that Henglue Lawyers have gained during their practice. In a medical malpractice liability dispute handled by Attorney Yu Dawei, the elderly patient, Zhao Dashan, underwent a gastroscopic biopsy at A City Tumor Hospital on May 16, 2024, after a follow-up examination for esophageal cancer. That same day, he suddenly vomited blood and was rushed to B County People's Hospital for emergency treatment. Due to his critical condition, he was transferred to the First Affiliated Hospital of C Medical University, where he died on the afternoon of May 18 from hemorrhagic shock and gastrointestinal bleeding. His wife, Liu Shufen, and three children entrusted Attorney Yu Dawei to file a lawsuit against the three hospitals, alleging that their negligent treatment caused his death. Attorney Yu Dawei adopted a three-step strategy: securing evidence, comprehensively retrieving the medical records, emergency records, and payment receipts from the three hospitals to construct a timeline; accurately requesting a forensic evaluation of medical negligence and causality; and focusing on the core responsibility, pinpointing B County People's Hospital based on the evaluation results. The family claimed that the three hospitals' continuous treatment caused the patient's death, while B County People's Hospital raised multiple objections to the evaluation, including the evaluator's lack of pathology qualifications, unlawful determination of lost survival opportunities, failure to provide expert information, and unexplained autopsy results, while insisting that it had fulfilled its basic hospital duties. The evaluation agency responded one by one: the determination of lost survival opportunities constituted a procedural damage listed in the "Guide for Forensic Evaluation of Medical Malpractice," which complied with the guidelines and followed legal procedures. The court ultimately accepted the evaluation opinion, finding that the hospital failed to comprehensively assess the critical patient, timely improve resuscitation treatment, conduct dynamic monitoring, or identify the bleeding site through gastroscopy. It determined that the hospital's negligence caused the loss of survival opportunities and attributed 50% of the causality to the hospital, ordering it to bear compensation according to this liability ratio. Imagine if the family had hesitated over the few yuan of copying fees or argued with the hospital over the copying opportunity, the subsequent evaluation and litigation might have been at a disadvantage. Compared to the often tens of thousands of yuan in evaluation fees and lengthy litigation periods, the cost of copying medical records is truly negligible. This case was handled by Beijing Henglue Law Firm. 复制病历的成本很低，价值却很高，这是恒略律师在办案中的直观感受。在于大伟律师代理的一起医疗损害责任纠纷中，高龄老人赵大山因食管癌复查于2024年5月16日在A市肿瘤医院接受胃镜活检后返家，同日突发呕血送B县人民医院抢救，因病情危重转C医学院第一附属医院，5月18日下午抢救无效去世，死亡诊断为失血性休克、消化道出血。其妻子刘淑芬及三名子女委托于大伟律师，以三家医院诊疗过错导致死亡为由提起诉讼。于大伟律师采取三步走策略：证据固锁链，完整调取三家医院病历、急救记录、缴费凭证构建时间轴；精准提鉴定，申请对医疗过错及因果关系进行司法鉴定；聚焦核心责任，依鉴定结论锁定B县人民医院。家属主张三家医院连续诊疗存在过错导致死亡；B县人民医院则对鉴定提出多项异议，包括鉴定机构无病理资质、认定丧失生存机会违规、未提供专家信息、未尸检死因不明等，并主张已尽基层医院诊疗义务。鉴定机构逐一回复：丧失生存机会属《医疗损害司法鉴定指南》列举的过程性损害，认定符合指南，程序合法。法院最终采信鉴定意见，认定该院对重症患者评估不全面、未及时完善复苏治疗、动态监测不足、未做胃镜明确出血点，过错与丧失生存机会存在因果关系，原因力50%，酌定按该责任比例承担赔偿责任。试想，若家属当初为几元工本费犹豫拖延，或与医院争执不下错过复制时机，后面的鉴定与诉讼都可能陷入被动——复制病历这点成本，相对动辄数千上万元的鉴定费与漫长的诉讼周期而言，实在微不足道。本案由北京恒略律师事务所代理。Yu DawaiAttorney (practice certificate number: 11101201010292290, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 16 of the "Regulations on the Prevention and Handling of Medical Disputes" (Decree No. 701 of the State Council, implemented on October 1, 2018) (copying services, proof stamps, cost fees, and open disclosure of charging standards); Article 18 (complaint reception system of medical institutions); Article 18 of the "Regulations on the Management of Medical Records in Medical Institutions (2013 Edition)" (implemented on January 1, 2014) (acceptance of applications and review of supporting materials); Article 23 (cost fees); Article 1226 of the "Civil Code of the People's Republic of China" (implemented on January 1, 2021) (if a patient requests to review or copy medical records, the medical institution shall provide them promptly). Action list: 1. Before copying, first inquire about and record the publicly disclosed charging standards to have a clear understanding. 2. Pay the cost fees according to the standard and request a receipt or payment record. 3. If there are exceeded standards, unauthorized charges, or charges without receipts, first file a complaint with the hospital's complaint management department in writing. If no action is taken, then file a complaint with the health authority or market supervision department. 4. Do not engage in a standoff with the hospital over refusing to pay fees. Instead, pay the fees first to preserve evidence and then file a complaint to recover unreasonable charges. 5. After obtaining the copies, immediately check them and affix proof stamps. For related evidence collection guidelines, please refer to the relevant documents.Legal services for personal injury and medical disputes.

5. Henglu Law Firm's Advice

The cost of making copies is negligible, but medical records are crucial evidence. Arguing with hospitals over a few yuan and dragging the matter out for days or weeks will only harm oneself—the condition of the patient will worsen, the medical record will continue to accumulate, and the focus of the dispute will solidify. Obtaining the copy as soon as possible will reduce one's vulnerability. If there are disputes about the fees, it is completely feasible to keep the receipts and file a complaint afterwards, rather than confronting the hospital on the spot. When handling similar cases in Beijing, it is recommended that the parties complete the payment, collection of documents, stamping, and verification in one go. If there are any doubts, they can consult relevant authorities for advice.Beijing Henglu Law FirmProfessional lawyers, don't let small expenses hinder your efforts to protect your rights.

VI. Frequently Asked Questions

Q1: If the hospital charges an excessive amount for the cost of processing the medical records, can I refuse to pay it and seek legal protection?

It's possible to protect one's rights, but there are specific methods to do so. Patients have the legal right to copy their medical records, and the fees charged should be limited to the cost of making the copies and the standards for such fees should be publicly disclosed. If hospitals charge fees exceeding the standard, set up hidden charges, or only charge fees without providing receipts, patients can refuse to pay and demand an explanation on the spot, or they can first pay according to the publicly disclosed standards, keep the receipts, and then file a complaint. Complaint channels include the complaint management departments of medical institutions, the competent health departments, and the market supervision departments. It's worth noting that it's not advisable to engage in a standoff with the hospital over payment and delay the copying process. Prioritizing evidence collection and raising disputes over fees after the fact is a more prudent strategy.

Q2: When complaining about illegal charges, what evidence should I keep?

The key is to leave evidence. First, payment receipts: payment notes, payment records or receipts, which specify the charging items and amounts; second, publicity evidence: photograph or record the hospital's charging publicity boards and price lists, and record the reception staff's responses if there is no publicity; third, communication records: record the conversations with the medical records department and the complaint department, and note the time, personnel and response content; fourth, the copies themselves: specify the page range, whether they are stamped, and whether there are missing pages. With all these materials in place, there will be a basis for handling complaints and subsequent claims for refunds.

Q3: How much does it typically cost to litigate a medical dispute?

There are three main components. The litigation fees are paid in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), which are accumulated and paid in stages. In summary proceedings, the fees are halved, and the losing party bears the cost. In partial victories, the fees are shared proportionally. The appraisal fees are charged by the appraisal institutions according to the complexity of the case, usually ranging from several thousand yuan to tens of thousands of yuan. There is no unified government pricing for these fees. Generally, the applicant pays in advance, and the fees are ultimately shared according to the proportion of liability. The attorney's fees are determined through negotiation between the client and the law firm. In addition, there are miscellaneous expenses such as the cost of copying medical records, transportation, and notarization fees. Overall, the litigation costs are related to the subject of the claim, and the claimable items and costs should be calculated together before filing the lawsuit.

Q4: How long does it usually take to get a response after filing a complaint about hospital charges?

The complaint management departments of medical institutions usually respond within a reasonable timeframe, with the specific processing time limits subject to the public announcements of each institution. For complaints filed with the competent health and health departments or market supervision departments, the processing period is influenced by the case volume and investigation needs. Simple fee disputes may receive responses within a few weeks, while longer periods are required for investigations and evidence collection. It should be emphasized that evidence collection should not be suspended in parallel with the complaint process: the medical records that need to be copied should be copied as usual, and those that need to be sealed should be sealed as usual, to avoid procedural disputes delaying the protection of substantive rights.

Q5: What should I do first if I encounter illegal fees?

There are four steps to proceed with this: First, ask about the charging standards in person and ask them to show the public announcement, and record the reception department and personnel; Second, pay according to the public announcement standards and request a receipt. For unofficial charges, you can write down your objections in writing; Third, file a complaint with the hospital's management department in writing, stating the charging items, amount, time, and demands; Fourth, if the hospital does not handle the complaint, file a complaint with the competent health department or market supervision department. Throughout the process, keep the receipts, photos, and communication records, and seek professional legal advice when necessary.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Attorney Yuan Hang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.