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 as promptly as required, but no later than 30 days after receiving your request.

Generally, your health care 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?

In Michigan, there are specific steps you must take to make sure that your provider must respond to your request for your medical record. Your request must be in writing, if your provider tells you that this is a requirement. You must sign your written request and date it. You must submit your request no more than 60 days after the date you signed it.

You should ask your health care provider if they have other 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. Generally, when you ask for your medical record, your request should include the following items in addition to your signature and date:

• 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 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 provider require that I 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 take reasonable steps to 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 request a patient's medical record as their personal representative (for example, if you are their health care advocate or the personal representative of their estate) you should expect to prove that you have the right to get the patient's medical record.

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 during regular business hours. 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?

Generally, within 30 days after they receive your request, your health care provider 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?

Yes. If your medical records are kept off site, your health care provider can take up to 60 days to respond to your request.

If your provider cannot respond in 30 days (or 60 days if your records are kept off site), they can get one 30-day extension. To get the extension, your provider 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.

When does the 30 day time period begin?

The 30 days 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.

Can I Can I Have My Health Care Provider Send My Record 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 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 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.

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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.

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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.

Will I Have To Pay for My Medical Record?

Maybe. Generally, health care providers may charge you a reasonable, cost-based fee for copying your medical record. In Michigan, your provider can charge you no more than the following amounts for copies made from paper medical records:

Cost Per Page	For Pages
$1.00	1-20
.50	21-50
.20	51 and higher

Your provider can also charge you the actual cost of postage if you have the copies sent to you.

I requested a copy of my own medical record and my provider said I have to pay an initial fee of $20 for my request. Is this right?

No. Your provider may not charge you a $20 initial fee when you request your own medical record. Michigan law generally allows providers to charge a $20 initial fee per request for copies of a medical record. The law, however, provides that this fee may not be charged to a patient when they request a copy of their own record. Providers may not charge this $20 initial fee to parents when they request their minor children’s records, either.

My provider says that I have to pay a retrieval fee because my medical records are over 7 years old. Is this right?

No. Although Michigan law allows providers to charge the actual costs for retrieving medical records that are at least 7 years old and that are not maintained on site, the HIPAA Privacy Rule prohibits retrieval fees. Because HIPAA is more protective of your rights, your provider must follow the Privacy Rule. Your provider may not charge you a retrieval fee.

Can I be charged for a copy of my medical record if I receive government benefits such as Family Independence program benefits?

If you receive Family Independence program benefits, supplemental Social Security benefits or Medicaid, you are entitled to receive one free copy of your medical record from your health care provider. Your authorized representative, such as a legal aid lawyer, may obtain the free copy on your behalf. Your provider may require proof that you are a recipient of these benefits.

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 the reasonable actual cost for copying x-rays and other records not in paper 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. These rules are not discussed in this guide.

Can My Provider Deny My Request for My Medical Record?

Yes. Your health care provider can deny your request to see or get a copy of your medical record, but only in a few cases. For example, if your provider believes that letting you see your record might physically endanger you they can deny your request.

How will I know if my request for my medical record has been denied?

Your health care provider must tell you in writing 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 provider 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 another person.

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. Your provider must tell you that they do not have your record and give you the name and address, if known, of the provider that maintains your record.

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?

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?

You have rights under both Michigan law and the HIPAA Privacy Rule if your health care provider denies your request for your medical record because they believe that seeing it might physically harm you.

Michigan law

Under Michigan law, if your health care provider determines that having access to your medical record might harm you, they must give a copy of your record to another health care provider (such as a doctor or a clinic) or legal counsel that you choose. When you tell your provider who to send the record to, you should plainly state that you are designating the provider or counsel to receive your record under Michigan law.

HIPAA Privacy Rule

Under the HIPAA Privacy Rule, if your provider denies your request for your medical record you have the right to have another 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 under HIPAA, your provider must choose another licensed health care professional to review their decision. They cannot choose someone who was involved in the original decision. The reviewer makes the final decision whether you are allowed to get access to your medical record. Your provider must tell you in writing what the reviewer decides.

Can I choose the reviewer under the HIPAA Privacy Rule?

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

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