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Ohio Department of Health Releases Updated Charge Limits for Medical Records

Client Alert

Under Ohio law, a healthcare provider or medical records company that receives a request for a copy of a patient's medical record may charge an amount in accordance with the limits set forth in Ohio Revised Code Section 3701.741. The allowable amounts are increased or decreased annually by the average percentage of increase or decrease in the consumer price index for all urban consumers, prepared by the United States Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year over the calendar year immediately preceding that year, as reported by the Bureau. The Director of the Ohio Department of Health makes this determination and adjusts the amounts accordingly. The list is then published, here.

The allowable charge differs depending on who makes the request (either the patient/patient representative, or third-party), and varies depending on the number of pages requested, or if the request is related to an X-Ray, MRI, or CAT scan, recorded on paper or film. Finally, a healthcare provider or medical records company may charge the actual cost of any related postage incurred by the health care provider or medical records company.

Kevin M. Cripe is an attorney in BMD's Columbus Office whose practice focus is healthcare transactional matters. As a healthcare attorney, Kevin has worked with healthcare entities ensuring compliance with federal regulations. For more information, please contact Kevin at kmcripe@bmdllc.com, or 614.246.7506.


New Ohio Reporting Requirements for Non-Residential Contractors

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DOT Non-Domiciled CDL Rule

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FinCEN Residential Real Estate Reporting Rule Now in Effect

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Department of Education Proposes Redefinition of “Professional Degree,” Excluding Nursing and Limiting Graduate Loan Borrowing

The U.S. Department of Education has issued a Notice of Proposed Rulemaking that would redefine “professional degree” programs under the One Big Beautiful Bill Act. The proposal excludes nursing from the recognized list and would impose new borrowing limits for graduate students while eliminating the Grad PLUS program. Public comments are due by March 2, 2026.

First-of-Its-Kind Federal Ruling Finds Use of Consumer AI Tool May Destroy Attorney-Client Privilege

On February 10, 2026, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York issued a first-of-its-kind ruling finding that documents generated by a criminal defendant using a consumer AI platform were not protected by attorney-client privilege after being shared with counsel. The court treated the AI tool as a third party, concluding that entering sensitive information into a publicly available platform may waive confidentiality. The ruling also suggests that the work product doctrine may not apply where AI-generated materials are created independently by a client rather than at counsel’s direction. The decision signals that parties should exercise caution when using consumer AI tools in connection with legal matters.