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 within 30 days of receiving your request.

Generally, your health care provider must give you a copy of your record 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 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 must my request for my medical record include?

Your request for your medical record must be in writing. It must be dated no more than 60 days before it was submitted to your health care provider. The request must state whether you want a copy sent to you or whether you want to pick up the copy at your health care provider's office.

What other information should I include in my request for my 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 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 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. If you are requesting the records as the personal representative of a deceased patient, you should expect to show documents that show that patient is deceased and that you have the authority to act on behalf of the estate.

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?

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. 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.

Will I Have To Pay for My Medical Record?

Maybe. Your health care provider is allowed to charge you for copying your medical record. In Ohio, your provider can charge you no more than the following amounts for copies made from paper medical records:

Cost Per Page	For Pages
$2.50	1-10
.51	11-50
.20	51 and higher

These fees are effective through December 31, 2008. You also can be charged the actual cost of postage, shipping, or delivery if you have the copy sent to you.

Can I be charged for a copy of my medical record that I need to support a claim for Social Security benefits?

No. Your health care provider must give you one free copy of your medical record if the record is necessary to support a claim for Social Security benefits. To be eligible for a free copy of your medical record, you must submit documentation that a claim for Social Security benefits has been filed along with your request for your medical record.

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 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 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 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, 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 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.

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 for your record.

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. You can read a more about this time limit in the section of this guide titled "How Long Should It Take to Get My Medical 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.

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. However, your provider generally is not required to obtain your record from someone else.

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.

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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 Ohio law and the HIPAA Privacy Rule if your health care provider denies your medical record because they believe that seeing it might physically harm you.

Ohio Law

Under Ohio law, if your provider determines that having access to your medical record might harm you, they must give a copy of your record to another physician or chiropractor that you choose. When you direct your provider to give your record to another physician or chiropractor, you should plainly state that you are making your request under Ohio 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.