New Jersey sets records fees by statute for professionals regulated by the State Board of Medical Examiners: 30 days to respond, and no more than $1 per page or $50 for the whole record for patients and their attorneys. Requests backed by an authorization, subpoena or court order from other third parties are capped at $1 per page. Physical therapists and chiropractors have their own board rules on deadlines and fees.
At a glance
| Question | Answer |
|---|---|
| Deadline for a patient's request | 30 days (Board of Medical Examiners licensees and chiropractors). Physical therapists: 15 days. |
| Copy fees a practice can charge | Patients and their legal representatives: $1 per page or $50 for the whole record, whichever is less. Other authorized third parties: $1 per page. X-rays: up to $15 per printed image or $30 per CD or DVD, plus $10. Search fee up to $20 (none for a patient's own records). Certification up to $10. Delivery costs. Same fees for electronic and paper. |
| Requests from the patient's attorney | The patient's attorney counts as a "legally authorized representative": 30 days and the patient-level cap. No fee for pro bono attorneys who certify that status or attorneys for patients with Social Security disability claims. Contingency-fee attorneys pay ordinary fees. |
| Subpoenas | A party with a valid subpoena or court order is an "authorized third party" under the fee statute. Court rules require a document subpoena to be tied to a deposition date and served on all parties at least 10 days ahead. |
| Records that need extra consent | AIDS and HIV records need the patient's prior written informed consent or a court order. Genetic information needs signed consent or a court order. |
| How long to keep records | 7 years from the last entry. Chiropractors: for minors, 7 years from the last entry or 7 years after the age of majority, whichever is later. |
| Recent changes (2023–2026) | A 2025 Department of Health proposal would align the hospital records rule with the Social Security disability fee exemption (hospitals only). We found no 2023–2026 amendment to the practice fee statute in the code copy we could read. |
When the patient asks
N.J.S.A. 45:9-22.27 applies to anyone licensed in a health care profession regulated by the State Board of Medical Examiners. No later than 30 days after a request from a patient, the patient's legally authorized representative or an authorized third party, the licensee must provide an electronic copy or photocopy of the treatment records, billing records, or both.
For a patient or legally authorized representative, the copy fee is no more than $1 per page or $50 for the entire record, whichever is less, however the record is stored. Other allowed charges are:
- X-rays and other material that cannot go through a photocopier: up to $15 per printed image or $30 per CD or DVD, plus a $10 administrative fee.
- A search fee of up to $20 per request, but never for a patient asking for their own records.
- Certification: up to $10.
- Delivery costs, plus sales tax if applicable.
The same fees apply to electronic and paper copies. A practice must deliver electronically only when the whole request can be produced from its electronic health record, the requester asks for electronic format, and the record can be sent electronically. Records go by the method the requester names, such as mail or fax to the patient's attorney.
No fees may be charged to a patient who cannot pay and shows income at or below 250 percent of the federal poverty level or enrollment in a listed assistance program (such as SNAP, SSI, Medicaid or NJ FamilyCare), or to a patient with a pending or current Social Security disability claim. No charge applies when the licensee ended the patient relationship, or left a practice and the patient wants to keep seeing that licensee. A licensee cannot refuse to release records over an unpaid balance when another professional needs them for care.
The Board of Medical Examiners' own rule, N.J.A.C. 13:35-6.5, still shows a cap of $1 per page or $100 for the entire record. That rule was last amended in 2011, before the statute set the $50 cap.
Physical therapists follow N.J.A.C. 13:39A-3.3: one copy within 15 days of a written request, at no more than $1 per page or $100 for the entire record, whichever is less, plus up to $10 for records under 10 pages. A therapist may not withhold or delay records because the patient has not paid.
Chiropractors follow N.J.A.C. 13:44E-2.2: copies within 30 days of a written request, for a reasonable fee meant to recover copying or transcription costs.
When the patient's attorney asks
The statute lists the patient's attorney as a "legally authorized representative," along with a spouse or partner, next of kin, guardian, auto insurer and, for the work-related incident only, a workers' compensation carrier. That means the 30-day deadline and the patient-level cap of $1 per page or $50 for the whole record. The search fee waiver applies only to a patient requesting their own records, so a search fee of up to $20 may apply to an attorney's request.
An attorney representing a patient on a contingency fee pays the ordinary fees. An attorney who submits a certification of pro bono representation pays nothing, and neither does an attorney for a patient with a pending or current Social Security disability claim. Even when a licensee withholds records from a patient because of possible harm, the record must still be provided to the patient's attorney on request.
Subpoenas
Under N.J.S.A. 45:9-22.27, a third party with a valid authorization, subpoena or court order is an "authorized third party." The practice has 30 days and may charge up to $1 per page ($1.50 per image for microfilm), plus the x-ray, search and delivery fees above. The $50 whole-record cap does not apply.
In Crescenzo v. Crane (App. Div. 2002), the Appellate Division quoted Court Rule 4:14-7(c): a subpoena for documents may be issued only to a person whose attendance at a deposition is compelled at the same time; it must say the records are not to be produced before the deposition date; and it must be served on the witness and all parties at least 10 days ahead. If the witness learns that a motion to quash has been filed, it may not produce the records until the court orders or all parties consent. The court held that a physician may not treat a defective subpoena as a court ruling that privileged records must be released.
Records that need extra consent
AIDS and HIV. Under N.J.S.A. 26:5C-8, records identifying a person with AIDS or HIV infection may be disclosed with the person's prior written informed consent, or without it only in listed cases such as diagnosis and treatment, audits, approved research and health department reporting. A court may order disclosure for good cause under N.J.S.A. 26:5C-9, after weighing the public interest against harm to the patient, and must set safeguards.
Genetic information. N.J.S.A. 10:5-47 bars disclosure of genetic information, including when compelled by subpoena, except in listed cases. These include a consent signed by the person tested and an order of a court.
Minors. Under N.J.A.C. 13:35-6.5, a parent or guardian is not the minor's authorized representative for records of treatment related to pregnancy, sexually transmitted disease or substance abuse.
Billing records and medical bills
New Jersey's fee statute covers "treatment and billing records" together. The 30-day deadline and the same fee caps apply to itemized bills. Chiropractors must keep billing records that include an itemized statement of amounts billed and received (N.J.A.C. 13:44E-2.2).
How long to keep records
Board of Medical Examiners licensees must keep treatment records for 7 years from the most recent entry (N.J.A.C. 13:35-6.5). Physical therapists must keep records at least 7 years from the last entry, unless another agency requires longer (N.J.A.C. 13:39A-3.1). Chiropractors must keep records, including radiographs, at least 7 years from the last entry; for a minor, 7 years from the last entry or 7 years from the age of majority, whichever is later (N.J.A.C. 13:44E-2.2).
Recent changes
The fee statute was amended by P.L.2021, c.359 (effective January 10, 2022), which added the no-fee rule for patients and attorneys with Social Security disability claims, and by P.L.2022, c.114. In July 2025 the Department of Health proposed amending its hospital rule, N.J.A.C. 8:43G-15.3, to match that exemption (proposal PRN 2025-069). That proposal covers hospitals, not practices. We could not confirm in a primary source whether the practice fee statute changed after January 1, 2024.
What this means for your practice
- Set a 30-day clock for every request (15 days if you are a physical therapy practice).
- Bill patient and attorney requests at no more than $1 per page or $50 total, and do not charge patients a search fee.
- Ask attorneys whether they represent the patient pro bono or in a Social Security disability matter, since those requests are free.
- Send billing records under the same deadline and caps as clinical records.
- Check that a subpoena is tied to a deposition date and served on all parties before releasing anything, and hold records if you learn of a motion to quash.
- Keep HIV and genetic results out of general releases unless the patient's consent or a court order covers them.
Sources
- N.J.S.A. 45:9-22.27, Health care professionals to provide copies of treatment, billing records; fees
- N.J.A.C. 13:35-6.5, Board of Medical Examiners patient records rule
- N.J.A.C. 13:39A-3.3, Physical therapy patient access to records
- N.J.A.C. 13:39A-3.1, Physical therapy patient records
- N.J.A.C. 13:44E-2.2, Chiropractic patient records
- Crescenzo v. Crane, 350 N.J. Super. 531 (App. Div. 2002)
- N.J.S.A. 26:5C-8, Disclosure of AIDS and HIV records
- N.J.S.A. 26:5C-9, Court-ordered disclosure of AIDS and HIV records
- N.J.S.A. 10:5-47, Disclosure of genetic information
- New Jersey Department of Health, Proposed Amendment N.J.A.C. 8:43G-15.3, 57 N.J.R. 7(1) (July 7, 2025)
How we verified: the New Jersey Legislature, court and Consumer Affairs sites blocked automated access, so statutes were read in a code copy current to January 1, 2024, regulations in Cornell LII's New Jersey Administrative Code, plus the Department of Health's 2025 notice and an Appellate Division opinion, on November 12, 2026.