Summary
You have the right to see your medical record. You also have the right to get a copy of your medical record. These rights are often called the right of access to your medical record.
Usually, your health care provider must let your see your medical record within five (5) business days after receiving your request. If you request a copy of your record, your provider must give you the copy within 15 days after receiving your request.
Generally, your health care provider must give you a copy in the format that you request.
You may have to pay a fee to get a copy of your record.
How Do I Ask for My Medical Record?
You should ask your health care provider about their specific procedures for getting your medical record. Often, your provider has a form for requesting your medical record. You should use this form if one is available. You should be able to find some information about getting your medical record in your health care provider’s notice of privacy practices.
Can my provider make me put my request for my medical record in writing?
Yes. Your health care provider can require that you put your request in writing (such as by sending a letter, an e-mail, or a fax). Your provider must let you know that they have such a requirement.
What information should I include in my request for my medical record?
If your health care provider does not have a form for requesting your medical record, you should check to see what information they require. Generally, when you ask for your medical record, your request should include:
- Your name and address.
- Your telephone number.
- Your e-mail address.
- Your medical record number, if you know it, or your date of birth.
- Date(s) of service (such as the dates you were in a hospital).
- A description of the information that you want to see or copy. This might include:
- Whether you want the entire record or just part of the record.
- Medical condition for which you are asking information.
- Specific test results.
- Whether you want X-rays or records made by heart monitors or similar medical devices.
- Whether you want to see your medical record, want a copy of your record, or would like both.
Do I have to choose between seeing my medical record and getting a copy of it?
No. You have the right to do both.
Can my health care provider ask for my Social Security number on my request for my medical record?
Yes. Some health care providers use Social Security numbers as a way to identify medical records. If this is the case, your provider may need your Social Security number to locate your medical record. There is nothing in the HIPAA Privacy Rule or the Social Security Act that prohibits a private health care provider from engaging in this practice.
Will I have to show some proof of who I am in order to see or get a copy of my medical record?
Maybe. If your health care provider does not know you well, they are supposed to make sure you are the person who has the right to get the medical record before they give it to you.
Your health care provider may require reasonable proof of your identity. Your provider may not ask for proof in a way that is unfair or discriminatory.
If you are acting under a health care power of attorney, your provider may require you to show them a copy of the power of attorney form. You also may be required to show that the power of attorney is in effect. For example, you may need a letter from the patient’s treating doctor to show that the patient is unable to make health care decisions.
What Will Happen If My Request for My Medical Record is Accepted?
Your health care provider will inform you if they agree to give you your medical record. If you asked to see your record, your health care provider must arrange a convenient time and place for you to review it. You have the right to bring one other person with you when you review your record.
If you have requested a copy of your record, your health care provider should either send it to you or arrange for you to pick up a copy.
How Long Should It Take to Get My Medical Record?
Under California law your health care provider must allow you to see your record within five (5) business days after they receive your written request. If you request a copy of your medical record, your provider must send or give you the copy of your medical record within 15 days after they received your written request.
When does the time period begin?
The time does not start until your provider receives your request for your medical record. If you mail your request, you should include some time for mail delivery when you compute the date you should receive your record.
My health care provider says that under the HIPAA Privacy Rule they can take up to 90 days to give me my medical record. Is that true?
Not really. There are times when the HIPAA Privacy Rule would let a health care provider take up to 90 days to respond to a request for a medical record. However, California law requires that providers respond within five (5) business days to requests to see a record and 15 days to requests for copies. Your health care provider must follow the shorter deadlines set by California law.
Can I Control Where My Medical Record Is Sent?
Yes. You can ask your health care provider to send the copy of your medical record to your regular address (such as your home) or to another address (such as to your office or to a friend’s house). As long as your request is reasonable, your provider must send your record to the place that you ask.
Can I Get a Paper, E-mail, or Fax Copy?
It depends. Generally, your health care provider must give you your medical record in the format that you request if it is not difficult to do so. For example, if you request a paper copy of your record, your provider generally must give you a paper copy.
Providers must also make sure that they send your records to you in a secure manner. Due to security concerns, many health care providers are reluctant to send copies of medical records by e-mail or fax.
Can I Get a Summary of My Medical Record?
Maybe. Under the HIPAA Privacy Rule, your health care provider can give you a summary of your medical record if you both agree in advance
- That it is all right for them to give you a summary, and
- To the fee, if any, they want to charge for writing the summary.
Your provider can’t give you a summary in place of your medical record unless you agree. If you do agree to receive a summary, your health care provider must generally make the summary available to you within ten (10) working days from the date of your request. If your record is very long, or if you were just discharged from a health care facility (such as a hospital), your provider can take up to 30 days to give you the summary.
Your health care provider can charge you a reasonable fee for the actual time they spent preparing the summary.
Leon asks for a copy of his full medical record. Because the medical record is long and complicated, Leon’s doctor would prefer to give Leon a summary of his medical record. If Leon does not agree to receive the summary, his doctor must give him a copy of the full record.
I received a copy of my medical record, but I can’t understand it. Doesn’t my provider have to give me a copy that is in plain language that I can understand?
No. Health care providers often use technical words or a type of medical shorthand. Providers are not required to translate this information for you into plain language or give you your medical record in a form that you can understand. If you cannot understand what is written in your medical record, you can request an explanation of your record. However, your provider is not required to give you an explanation. Section 6 of this guide lists some resources that explain medical terms.
Will I Have To Pay for My Medical Record?
Probably. Your health care provider is allowed to charge you for copying your medical record. In California, your doctor or hospital may charge you no more than 25¢ a page for photocopies or 50¢ a page for copies from microfilm. If you request that they mail the copy to you, you can also be charged for postage.
Can I be charged if I just want to review my medical record?
No. Under the HIPAA Privacy Rule, your health care provider cannot charge you a fee if you just review your medical record.
Can I be charged for someone locating my record?
No. California law permits a charge for locating records and making them available. These fees are sometimes called “retrieval fees.” The HIPAA Privacy Rule does not permit providers to charge these fees. Because the HIPAA Privacy Rule is more protective of your rights in this area, your provider must follow the HIPAA Privacy Rule. They may not charge these fees.
Can I be charged for copies of x-rays and similar records?
Yes. Your health care provider can charge you a reasonable fee for copying x-rays and similar records. This fee must be based on the actual cost of making the copy. You can also be charged postage if you ask that the records be mailed to you.
Can I be charged for copies of medical records that I need to apply for public benefits?
Yes. Your health care provider can charge you for copies of medical records that you need to apply for public benefits. If your application is denied, different rules may apply, as explained in the next question and answer.
Can I be charged for copies of medical records that I need to appeal a denial of eligibility for public benefits?
If your application for public benefits (like Medi-Cal and Social Security disability) is denied, you may need your medical records to appeal the decision. You have the right to get a free copy of the part of your medical record necessary for your appeal. If your appeal is successful, your health care provider may then charge you for your record.
To get a free copy of your medical record, you must send your provider a written request for the part of your medical record necessary for your appeal. You must also send the provider proof that you need the record for an appeal of public benefits (for example, a copy of your appeal). Your health care provider must send you a copy of your record within 30 days after they receive these materials.
If a private lawyer handles your appeal, there are times when you may not have a right to a free copy of your record.
Can I be charged if I want a copy of my medical record sent to another health care provider or to a lawyer?
The procedures and fees for having a copy of your medical record sent to someone else (such as to another doctor or to a lawyer) are not covered by the HIPAA Privacy Rule. They are not discussed in this guide.
Can My Provider Deny my Request for My Medical Record?
Yes. In California, your health care provider can deny your request to see or get a copy of your medical record, but only in a few situations. For example, your health care provider can deny you access to information that someone (other than another health care provider) gave to the provider in confidence and that would reveal the source of the information.
Can my provider deny me access to my record because they believe that seeing it might harm me?
It depends on the type of record. In California, a provider can deny you access to mental health records (records relating to evaluation or treatment of a mental disorder) if they believe that seeing the record might result in harm to you or someone else. Providers may not deny you access to other types of medical records on these grounds.
This guide does not discuss mental health records in detail. Section 6 lists some resources that have more information about getting mental health records.
How will I know if my request for my medical record has been denied?
Your health care provider must tell you in writing (by letter, fax, or e-mail) if they deny your request for your medical record. They must tell you why your request was denied. They also must tell you if you have a right to have their decision reviewed and how you can file a complaint.
Can my health care provider refuse to give me my medical record because I have not paid my medical bill?
No. Your provider cannot deny your request for your medical record because you have not paid your medical bill.
What happens if my health care provider doesn’t have the medical record that I requested?
If your health care provider doesn’t have the record that you requested, they don’t have to locate it for you. But your provider must tell you where the record is kept if they know.
My health care provider says that they don’t have to give me a copy of my x-ray as long as they send a copy to another health care provider. Is this right?
No. Under California law, a provider who sends a copy of an x-ray (or a record made by a heart monitor or similar device) to another health care provider doesn’t have to give the patient a copy. But the HIPAA Privacy Rule doesn’t allow this practice. Since the HIPAA Privacy Rule gives you more access to your medical record, your provider must follow the HIPAA Privacy Rule. Your provider must give you access to your x-ray if you request it.
