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.

In Massachusetts, the time period for responding to your request to see or get a copy of your medical record differs depending on the type of provider. Most health care providers, including hospitals, must let you see or give you a copy of your medical record no later than 30 days after they receive your request. Under rules set by the Board of Registration in Medicine, doctors usually must respond to your request within 14-21 days.

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

In many cases, 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 require that I put my request for my medical record in writing?

Yes. Your health care provider can require that you put your request in writing. They must let you know if 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, address, telephone number or other contact information.
• Your date of birth or medical record number.
• Date(s) of 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.

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 requiring you to include your Social Security number in your request for your medical record.

Do I have to choose between seeing my medical record and getting a copy of it?

No. You have the right to do both. You may need to make separate arrangements to review your record depending on the policy of your health care provider.

Can my 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 health care proxy or 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 administrator or executor of the deceased.

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 Massachusetts, the time limit for responding to requests for medical records depends on the type of health care provider.

Doctors

Generally, doctors in Massachusetts must respond to requests for medical records in a timely manner. The Board of Registration in Medicine usually considers 14-21 days to be a reasonable response time.

Hospitals (and most other health care providers)

Generally, within 30 days after receiving your request, hospitals (and most other health care providers) 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.

Can it ever take longer?

Generally, yes. If your medical records are kept off site, your hospital can take up to 60 days to respond to your request.

If your hospital cannot respond in 30 days (or 60 days if your records are kept off site), they can get one 30-day extension. Your hospital must give you a written explanation for the delay and tell you the date they expect to respond. It should not take more than 90 days total to get a response to your request for your record.

If you request your record for a claim or an appeal under the Social Security Act or any federal or state financial needs-based benefit program, your hospital must furnish it within 30 days and may not get an extension.

When does the 30 day time period begin?

The 30 days does not start until your hospital 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.

Some other types of health care providers, such as doctors, have shorter deadlines for responding to requests for medical records. Deadlines for doctors are described in the previous section.

Will I Have To Pay for My Medical Record?

Maybe. Your health care provider usually is allowed to charge you for copying your medical record. It is clear that providers can charge you no more than the following amounts per page for copying your record:

Fee per page	For pages
50¢	1- 100
25¢	101 and up

These fees will be adjusted annually beginning in October 2005. Health care providers can also charge you the actual cost of postage, shipping, or delivery if you have the copy sent to you. Your provider is allowed to request payment of these copying fees before they send the copies to you.

Massachusetts law also allows health care providers to charge you a $15 base fee for each medical record requested. However, it is unclear whether this charge is permitted under the HIPAA Privacy Rule. The HIPAA Privacy Rule allows providers to charge only for the actual cost of copying (including labor and supplies). The Privacy Rule does not permit providers to charge fees for searching or retrieving medical records. It is not clear whether the $15 base fee includes these prohibited charges. If you have questions or complaints about being charged this base fee, you may want to contact one of the state or federal agencies listed in Section 4 of this guide.

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 a copy of my medical record that I need to support a claim for Social Security or similar benefits?

No. Under Massachusetts law, health care providers may not charge a fee to any applicant or beneficiary who requests a copy of their medical record for the purpose of supporting a claim or appeal under the Social Security Act or any federal or state financial needs-based benefit program.

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, including labor. You can also be charged postage if you ask that the records be mailed to you.

Can I be charged if I want a copy of my medical record sent to another health care provider?

The procedures and fees for having a copy of your medical record sent to someone else (such as to another doctor) 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?

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 your office). 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, 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.

---

Example

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.

---

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 Massachusetts, a provider generally may not deny you access to your medical record. However, the rules for records related to mental health or substance abuse conditions and treatment may be different.

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 my provider doesn’t have the medical record that I requested, but knows who has it?

Your provider must tell you who has your medical record if they know. Your provider is not, however, required to obtain your record for you if someone else has it.

---

Example

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.

---

Back to top