Overcharging for Medical Records in Maine: Why It Matters for Injured Clients

A recent News Center Maine investigation highlighted a new class-action lawsuit

involving medical-record companies allegedly overcharging Maine residents for electronic access to their own health records. You can read the full story here: https://www.newscentermaine.com/article/news/local/courts-news/class-action-lawsuit-filed-medical-records-data-management-health-care-providers/97-d9e39f8f-6a15-441e-a7d3-d49b9394ba3e

Screenshot of a News Center Maine report on a class-action lawsuit alleging unlawful medical-record fees, an issue that affects injured clients across Maine.

This issue is getting national attention. In an article published by HealthExec, I’m quoted discussing how injured Mainers face charges above the legal cap for medical-record access. See full article here: https://healthexec.com/topics/healthcare-management/legal-news/four-providers-two-data-exchanges-sued-over-high-cost-medical-record-access-maine

Although I am not involved in the lawsuit, I deal with this problem every day as a Maine personal injury attorney. My clients routinely face inflated or unlawful charges when requesting the medical records they need to pursue their injury claims. Because this issue affects injured Mainers directly, I want to bring awareness to the law, explain why it matters, and thank the attorney who brought this lawsuit forward.

---

What Maine Law Allows for Medical-Record Fees

Under Maine law (22 M.R.S.A. §1711 and §1711-A), health-care providers may charge:

For records provided in paper form, a provider may charge:

• $5 for the first page

• $0.45 per additional page

• Maximum of $250 for the entire patient record

For records in provided in digital or electronic format, a provider may charge:

• "Reasonable actual costs of staff time to create or copy the treatment record"

• Charges may not exceed $150 for electronic records

• No “retrieval fees,” data-infrastructure charges, or maintenance of electronic system fees

As you can see, the law is less clear when it comes to electronic records; however, it is obvious from the statute that the legislature did not intend for electronic records to be subject to the "per page" fees. In any case, these caps protect patients, including injured clients, from being charged unreasonable amounts just to access their own medical information. Yet in practice, many third-party data vendors add extra platform fees, convenience fees, “download charges,” or technology surcharges that go far beyond what the law allows.

---

Why This Matters in Personal Injury Cases

When someone is injured in a car accident, slip and fall, or other incident, their entire case depends on accurate, timely medical records. These records establish:

• Injuries

• Diagnosis

• Causation

• Treatment plan

• Prognosis and future medical needs

If a vendor delays records or charges more than the statute allows:

• Cases stall

• Medical treatment cannot be fully documented

• Settlement timelines stretch

• Injured clients face unfair financial burdens

• Attorneys must fight vendors instead of focusing on case recovery

Overcharging for medical records isn’t just a billing issue, it has real consequences for everyday Mainers who are trying to recover and rebuild their lives.

---

My Advocacy on This Issue

This is not a new problem. I have been fighting with the medical providers and third party companies for overcharging for years.

In 2024, I provided written testimony to the Maine Legislature against a proposed bill that would have raised medical-record fees substantially . The Legislature ultimately did not increase the fees, protecting patients, especially injured clients, from even higher costs.

I am grateful to John Steed, a consumer protection attorney at Island Justice Law, who filed this lawsuit. Bringing this issue to light is an important step toward fairness and accountability. The more attention this problem receives, the harder it becomes for vendors to continue charging unlawful fees.

---

At Okun Law PLLC, we help clients obtain records quickly, challenge unlawful fees, and ensure that third-party vendors follow Maine law. Injured Mainers should not pay more than the law permits, especially when those records are essential to securing justice.

If You Need Help Accessing Your Medical Records

If you or a loved one is being charged excessive fees for your medical records after an injury, we can help you understand your rights, push back against unlawful billing, and move your case forward.

📞 Contact Okun Law PLLC for a free consultation.

Read related reporting here: HealthExec — Four providers, two data exchanges sued over high cost of medical record access in Maine