Obtaining Copies of Your Medical Records
Patients have the right under federal HIPAA laws to receive copies of their medical records. While this may seem straightforward, there are times when gaining access to your records is anything but. Educate yourself about your rights to ensure you have proper access to your medical records.
Request-as-you-go
With few exceptions (such as vaccination records), there is no recognized standard for how long providers must keep patient medical records. If a patient becomes inactive (by not seeking care for several years, for example) it is common practice for records to be destroyed. Once records are gone, it is essentially impossible to recreate the information in them. Patients can avoid this situation by:
- Requesting a summary of care after each medical visit with your primary care provider(s) when checking out at the front desk. Keep this information readily accessible so you have it when you need it. It is never too late to start – some records are better than no records!
- Don’t forget specialty consultations. When seeing a specialist, be sure to request copies of medical records for that visit or series of visits when care is complete.
Good to know
Will I have to pay for copies of my records? It’s possible. Federal law allows medical providers to charge patients a reasonable fee related to the cost of preparing and copying records. This fee can include staff time and supplies used to create a paper or digital copy.
How soon can I expect to receive a copy of my records? Federal law gives the medical professional up to 30 days from receipt of the request to provide copies.
Is a medical provider allowed to deny my request for records? There are several possible reasons for a provider to refuse to provide records. They include, but are not limited to:
- The records have a mental health professional’s notes or analysis related to the content of a therapy session.
- Releasing the records would be reasonably likely to endanger the life or physical safety of the patient or other person, or would cause substantial harm to a person referenced in the records.
- The record was prepared in anticipation of a legal action or proceeding (such as a malpractice claim).
May a medical provider require me to request records in writing? Yes, the law allows this. Many practices have a prepared form that patients can use to request records.
May a medical provider force me to accept an electronic copy of records or decline to provide an electronic copy of paper records? No. If patients request a paper copy, the practice must provide one. If an electronic copy is desired, the practice must accommodate the patient, assuming paper records can be scanned.
