§ 35.17 Fees and charges for copying, certification, search of records and related services.

A prescribed fee, in accordance with the schedule in paragraph (c) of this section, shall be collected for each of the listed services. (a) Application for services. Any person requesting (1) a copy of a clinical record, clinical abstract, or other document containing clinical information; or (2) a certification of a clinical record or document; or (3) a search of clinical records, shall make written application therefor to the Public Health Service facility having custody of the subject matter involved. Such application shall state specifically the particular record or document requested, and the purpose for which such copy or document is desired to be used. The application shall be accompanied by a deposit in an amount equal to the prescribed charge for the service rendered. Where it is not known if a clinical record or other document is in existence, the application shall be accompanied by a minimum deposit of $2.50. (b) Authorization for disclosure. The furnishing of copies of PHS records containing confidential clinical information must comply with the requirements of part I, title 42, Code of Federal Regulations, governing authorization for the disclosure of such information. (c) Schedule of fees. (d) Waiver of fee. The prescribed fee may be waived, in the discretion of the medical officer in charge, under the following circumstances: (1) When the service or document is requested by another agency of the Federal Government for use in carrying out official Government business. (2) When a clinical record is requested for the purpose of providing continued medical care to a Service beneficiary by a non-Service physician, clinic, or hospital, in which case the record will be forwarded only to the physician, clinic, or hospital concerned. (3) When the service or document is requested by an attorney in the prosecution of a Service beneficiary's personal injury claim against a third person, involving the concurrent assertion of a government medical care claim under 42 U.S.C. 2651-2653. In such case, the service or document requested will be furnished only upon compliance with all additional requirements for the release of records in third party recovery cases, including the proper execution of form PHS-4686, Agreement to Assign Claim Upon Request. (4) When the service or document is requested by, and furnished to, a Member of Congress for official use. (5) When the service or document is requested by, and furnished to, a court in lieu of the personal court appearance of an employee of the Public Health Service. (6) When the service or document is required to be furnished free in accordance with a Federal statute or an Executive order. (7) When the furnishing of the service or document requested without charge would be an appropriate courtesy to a foreign country or international organization.