OAR 411-200-0030: Medical Evidence of Record (MER) and Narrative Charges for Vendors

(1) Except as provided by section (4) of this rule, the Department pays the lesser of the following fees for existing medical records requested by the Department: (a) The lowest fee for the records that the vendor charges the general public or other state or federal agencies for the records; or (b) When the invoice itemizes the number of pages provided: (A) For 10 or fewer pages, $18.00; (B) For 11–20 pages, $18.00 for the first 10 pages plus $0.25 per page for each additional page; (C) For 21–40 pages, $20.50 for the first 20 pages plus $0.10 per page for each additional page; and (D) For more than 40 pages, a maximum payment of $22.50. (c) If the invoice does not itemize the number of pages provided, the Department pays a total maximum payment of $18.00. (2) Additional payment is not made to a vendor for second or subsequent requests when the information to be provided was available at the time the original request was processed. (3) Records provided by a vendor, whether held in multiple locations or by multiple sources, are paid as a single record request regardless of whether the records are electronic or paper form, or both. (4) The Department pays a vendor an additional $5.00 when the Department receives the requested records within seven days from the date of the Department's record request. Time is measured from the date indicated on the Department's written request until the date that the Department receipts the copies. (5) The Department pays the vendor the amount billed up to a maximum payment of $35.00 for a brief narrative summarizing the medical treatment when requested by the Department. (6) The Department pays the vendor the amount billed up to a maximum payment of $75.00 for a comprehensive narrative summarizing the medical treatment when requested by the Department.