Tennessee House Bill 647 was signed into law on April 22, 2024 and went into effect on July 1, 2024. It brings significant changes to the handling of patient records and the associated notary fees. The bill amends Section 63-2-102 of the Tennessee Code Annotated. HB 647 aims to make access to medical records more affordable and to regulate notary fees, ensuring a fairer process for both providers and patients.
Key Provisions
Copying and Mailing Costs
The party requesting patient medical records (excluding workers’ compensation cases) must cover the reasonable costs of copying and mailing these records.
Notary Fees
Paper Records: A flat fee of up to $20 for certification or notarization. Electronic Records: A flat fee of up to $20 for certification or notarization provided via electronic means. Department of Health Requests: No notary fee can be charged for records requested by the Department of Health for complaints, inspections, or surveys.
Implications for Notaries
Previously, Tennessee notaries could set their own fees for notarial acts. This bill standardizes the fee to a maximum of $20 for notarizing medical records, regardless of the medium (paper or electronic). This move addresses consumer complaints of exorbitant charges for accessing their own medical records, reported to be as high as $6,000 in some cases.
Notaries should market their services to the following groups for notarizing medical records: Healthcare Providers: Hospitals, clinics, and private practices often require notarization for patient records and related documents. Legal Professionals: Lawyers and legal firms handling medical malpractice, personal injury, and other healthcare-related cases need notarized medical records. Insurance Companies: For claims processing and verification, insurance firms often require notarized medical documents. Government Agencies: Agencies involved in health regulation, oversight, and public health investigations may need notarized records. By targeting these groups, notaries can effectively position themselves in the market for medical record notarization services.