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 respond to your request for your record in a timely manner, without delay for legal review. This usually means in less than 30 days.

Generally, your provider must give you a copy in the format that you request if they are able to do so.

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 provider about their specific procedures for getting your medical record. Often, your health care 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 provider’s notice of privacy practices.

Can my provider require me to put my request for my medical record in writing?

Yes. Your 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 it has such a requirement.

 

What information should I include in my request for my medical record?

If your provider does not have a form for requesting your medical record, you should check to see what information your provider requires. 

Generally, when you ask for your medical record, your request should include:

Can my provider ask for my Social Security number on 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.

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 doctor or hospital must arrange a convenient time and place for you to review the record. If you have requested a copy of your record, your doctor or hospital 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 Florida law, your health care provider must give you your medical record in a timely manner without delays for legal review. Although Florida law does not set a precise deadline, the HIPAA Privacy Rule generally requires a provider to furnish your medical record within 30 days after they receive your request.

Can it take longer?

Yes. In certain situations, your provider is allowed to take more than 30 days to respond to your request for your medical record under the HIPAA Privacy Rule. For example, if your medical record is kept off-site, your provider may be able to take up to 60 days to respond to your request. But in all cases your provider must give you your medical record within 90 days after receiving your request.

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 of access to 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 as a health care surrogate you may be required to give your provider a copy of the form designating you as the surrogate. You also may be required to show that it 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.

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 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 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 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 health care provider generally must give you the summary within 30 days from when you request the summary. If they are unable to produce the summary in this time they can get a 30 day extension. Sometimes it can take longer.

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 at 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. However, your provider is not required to give you an explanation. Section 6 lists some resources that explain medical terms.

Will I Have To Pay for My Medical Record?        

Maybe. Your health care provider is allowed to charge you a fee for making copies of your medical record. In Florida, the maximum copying fee permitted depends on the type of health care provider. For example, doctors and chiropractors may charge no more than $1 per page for copying the first 25 pages and 25¢ per page for additional pages. Hospitals may charge no more than $1 per page for paper copies. Hospitals may not charge more than $2 per copy for nonpaper records. Your health care provider can charge you for postage if you have the copy mailed to you.

The maximum fees that other health care providers are allowed to charge for copies may be different.

Can I be charged if I just want to look at or read my medical record?

No. Under the HIPAA Privacy Rule, your health care provider cannot charge you a fee if you just look at or read your medical record.

Can I be charged for someone searching for my record or for processing my request?

No. You cannot be charged a fee for someone searching for and getting your record. Neither can you be charged for someone processing your request for your record. These fees are often called “retrieval” and “handling” fees. They are not permitted under the HIPAA Privacy Rule.

Can I be charged for copies of X- rays and similar records?

Yes. Your health care provider may charge you a reasonable fee for copying x-rays and similar records that are not in paper format. The maximum fee permitted depends on the type of health care provider. For example, doctors may charge a fee based on the actual cost of making the copies. You can also be charged postage if you ask that the records be mailed to you.

There may be different copying fee limits for other health care providers. 

Can My Provider Deny My Request for My Medical Record?

Yes. Your health care provider can deny your request to see and get a copy of your medical record, but only in a few situations. For example, your health care provider can deny your request if they believe that seeing the record will probably endanger you or someone else.

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. Generally, your health care provider must give you this information within 30 days after receiving your request for your record.

Can my health care provider deny my request for my medical record just because they think I might get upset if I read it?

No. Your health care provide cannot deny you access to your record because they think the information in the record might upset you or that it might cause you mental harm. However, they can deny your request if they believe you will become upset enough to physically harm yourself or someone else.

Can my health care provider deny my request for records related to my mental health treatment?

Records about mental health treatment may be treated differently from other types of medical records. This guide does not discuss mental health records. Section 6 lists some resources for information about mental health records.

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 happens if my 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 your medical record is kept if they know.

My medical record contains some information that my provider is allowed to deny me access to. Does this mean that I can’t get any of my medical record?

Generally, no. Under the HIPAA Privacy Rule, your health care provider must give you as much of your medical record as possible. Your provider may remove only the information that they are allowed to refuse to give you access to. 

What Can I Do If My Health Care Provider Denies My Request for My Medical Record?

If your health care provider denies your request for your medical record because they believe that seeing it might physically endanger you or someone else, you have the right to have a different health care professional review their decision.

At the time your provider denies your request for your record, they must tell you in writing if you have a right to a review. They also must tell you how to ask for a review.

If you request a review, your provider must choose another licensed health care professional to be the reviewer. They cannot choose someone who was involved in the original decision to review the denial of your request for your record. The reviewer will decide whether you can see or get a copy of your medical record. Your health care provider must follow the reviewer’s decision. Your provider must tell you in writing (such as by a letter, fax or e-mail) what the reviewer decides.

Can I choose the reviewer?

No. Your health care provider gets to choose the reviewer.