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 to access your medical record.
Usually, your doctor must respond to your request for your record no later than 30 days after receiving your request. Hospitals have different response times depending on whether you are an inpatient or have been discharged. (See page 9.)
Generally, your health care provider must give you a copy in the format that you request if they are able to do so.
Your provider may charge you 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.
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. Your request for your medical record must be in writing. When you ask for your medical record, your request should include:
- The date of your request.
- Your name, address, telephone number or other contact information.
- Any previous name you may have used (such as your maiden name).
- Your date of birth or medical record number.
- Date(s) of treatment or service (such as dates you were in the 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.
- If you are requesting the medical record of someone else as their personal representative, your relationship to the patient.
Can my health care provider require that I include my Social Security number in my request for my medical record?
Yes. Because some health care providers use Social Security numbers as a way to identify medical records, they 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 provider from engaging in this practice.
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 require me to show some proof of who I am in order to see or get a copy of my medical record?
Yes. Your health care provider must make sure you are the person who has the right to get the medical record before they give it to you. Your provider is allowed to choose the method for verifying your identity. For example, your provider might ask for an identification card (such as a driver’s license).
If you are acting under a medical durable power of attorney, your provider may require you to show them a copy of the form. If you are requesting medical records as the personal representative of a deceased patient, you should expect to show documentation that you are the decedent's personal representative or heir. (See page 6.)
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 records, your health care provider must arrange a convenient time and place for you to review the record. If you have requested a copy of your record, your health care provider must either send it to you or arrange for you to pick up a copy.
How Long Should It Take to Get My Medical Record?
In Colorado, the time limits for responding to requests for medical records are different for health care professionals (such as doctors) and health care facilities (such as hospitals).
Health care professionals
Generally, no later than 30 days after receiving your request a health care professional (including doctors, podiatrists, chiropractors, dentists, and physical therapists) must either
- Let you see or give you a copy of your medical record or
- Tell you that they are denying your request for your record.
Health care facilities
The rules for access to medical records held by health care facilities differ depending on whether you request your record while you a patient in the facility (inpatient) or after you have been discharged.
Inpatients. If you request to see your medical record from a health care facility (such as a hospital) while you are a patient in the facility, you generally must be given access to your medical record within 24 hours of your written request. If you request a copy of your medical record while you are an inpatient, the health care facility usually must respond to your request within 10 days of your discharge (excluding weekends and holidays) or within 30 days of receiving your request, whichever comes first.
Discharged patients. If you request to see or to get a copy of your medical record after you have been discharged, your health care facility usually must respond to your request within 10 days (excluding weekends and holidays) from the date of your signed request.
Can My Provider Charge Me for Copying My Medical Record?
Yes. Health care providers may charge for copying your medical record for you. Under Colorado law, your provider is allowed to charge you no more than the following fees: $14 for the first ten or fewer pages; 50¢ per page for pages 11-40; and 33¢ per page for pages 41 and up. For records copied from microfilm, your provider may charge you no more than $1.50 per page. In addition, your provider can charge you the actual cost of postage if you have the copies sent to you.
It is unclear if the $14 flat rate for copying the first 10 pages of your record would always be permitted under the HIPAA Privacy Rule. The HIPAA Privacy Rule allows providers to charge a reasonable fee based on the actual cost of copying (including labor and supplies but excluding search and handling fees). For example, under this HIPAA standard, it is unlikely your provider would be permitted to charge you $14 to copy just one page of your record. If you have questions or complaints about being charged this fee, you may want to contact the Office for Civil Rights, U.S. Department of Health and Human Services, the government office in charge of enforcing the HIPAA Privacy Rule. Contact information is listed in Section 4 of this guide.
Can I be charged if I just want to look at or read my medical record?
No. Your health care provider cannot charge you a fee if you just look at or read your medical record.
Can I be charged for copies of X-rays and similar records?
Yes. Your provider may charge you a reasonable cost-based fee for copying x-rays, fetal monitoring strips and other records not in standard form.
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 I Have My Medical Record Sent Somewhere Other Than My Home Address?
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 a different, preferred 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 identify.
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 also must 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. You should check with your provider to see whether they are willing to send you a copy by e-mail or fax and to find out their specific procedures.
Can I get a Summary or Explanation of My Medical Record?
It depends. You may want just a summary of your record. You may want your provider to explain some of the information in your record. Under the HIPAA Privacy Rule, your health care provider can give a summary or explanation of your medical record if you both agree in advance
- That it is all right for them to give you a summary or explanation, and
- To the fee, if any, they want to charge for writing the summary or explanation.
Your provider can charge you a reasonable fee for the actual time they spend preparing the summary or explanation.
Leon asks for a summary of his medical record. The record does not currently contain a summary and the doctor does not have the time or staff to prepare one. Leon’s doctor is not required to prepare a summary in response to Leon’s request. But the doctor must let Leon see or get a copy of his medical 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 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. But your provider is not required to give you an explanation. You can find some resources that explain medical terms in Section 6 of this guide.
Can My Provider Deny My Request for My Medical Record?
Generally, no. In Colorado, a health care provider generally may not deny you access to most of your medical records. The rules that control whether a provider can deny your request to see or get a copy of records related to mental health or substance abuse conditions or treatment may be different and are not discussed in this guide.
Can my health care provider deny my request for 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 if I send my request to a provider who is not the one who keeps the record I need?
If your provider does not maintain the record that you requested, they must tell you who has the record if they know.
Tony sends a request for his chest x-ray film to his primary care physician. Although his physician has a report of the x-ray results, he does not have the original x-ray film that Tony requested. However, the primary care physician knows that ABC Radiology took the x-ray and has the original film. When the primary care physician responds to Tony's request, the physician must inform Tony to send his request for his x-ray film to ABC Radiology.
