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.
Health care professionals such as doctor and dentists usually must let you see your medical record or give you a copy of it no more than 10 working days after receiving your written request. Hospitals must let you see your medical record or give you a copy of it without unreasonable delay, but they cannot take longer than 30 days.
Generally, your provider must give you a copy in the format that you request if they are able to do so.
In many cases, your provider is allowed to charge you a fee for copying your medical 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.
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. In Tennessee, your request for your medical record must be in writing. Generally, your written request should include the following items:
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The date of your request.
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Your name, address, telephone number or other contact information.
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Any prior name you may have used (such as your maiden name).
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Your date of birth or medical record number.
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Date(s) of service or treatment (such as dates you were in the hospital).
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A description of the information that you want to see or copy. This might include:
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Whether you want to see your medical record, want a copy of your record, or would like both.
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Your signature.
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If you are requesting the medical record of someone else as their personal representative, your relationship to the patient.
Can my 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 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 someone's health care agent, your provider may require you to show them a copy of the appointment of health care agent or medical power of attorney form. If you are a personal representative of an estate, you should expect to show documentation proving that you are the executor or administrator 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 access to 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 Tennessee, the time limits for responding to requests for medical records differ depending on the type of health care provider.
Health Care Professionals
Generally, no later than 10 working days after receiving your request, a health care professional (such as a doctor, dentist or optometrist) must either
My health care professional says that in certain cases they can take up to 90 days to give me a copy of my medical record. Is that true?
No. Although there are times when the HIPAA Privacy Rule would let a health care professional take up to 90 days to respond to a request for a medical record, Tennessee law requires a health care professional to give you a copy of your record no later than 10 working days after they receive your written request. Your health care professional must follow the shorter deadline set by Tennessee law.
Hospitals
A Tennessee hospital generally must respond to your request without unreasonable delay. This usually means that they must respond no later than 30 days after receiving your request.
Can My Provider Charge Me for Copying My Medical Record?
In most cases, yes. Your health care provider usually is allowed to charge you for copying your medical record. The amount your provider may charge differs depending on whether you request your record from a health care professional (such as a doctor) or a hospital. Your provider also may charge you for postage if you request that your record be mailed to you. As discussed below, there are special rules for requests for copies needed for Social Security claims or appeals.
Health Care Professionals
In Tennessee, health care professionals (doctors, dentists, chiropractors and others) are allowed to charge you no more than $20 for copying medical records 40 pages or less in length and 25¢ per page for each page copied after the first 40 pages. Health care professionals may also charge you the actual cost of mailing your copy to you.
Hospitals
A Tennessee hospital can charge you up to $15 for copying the first five pages of the medical records. For additional pages, hospitals may charge you the following:
| Cost per page |
For pages |
| 75¢ |
6-50 |
| 50¢ |
51-250 |
| 25¢ |
251 and up. |
A hospital may also charge you for the actual costs of mailing the records.
Can my provider charge me for a copy of my medical record that I need to support a claim or appeal under Social Security?
It depends. The rules are different for health care professionals and hospitals.
Health Care Professionals
Health care professionals (such as doctors, dentists, optometrists and others) may charge you a fee to copy a medical record to support a claim or appeal under the Social Security Act.
Hospitals
In Tennessee, a hospital may not charge you for copying your records if you are indigent (poor) and are requesting your records for the purpose of supporting a claim or appeal under any provision of the Social Security Act. If you are represented by an organization whose purpose it is to provide legal assistance to the indigent (such as the Memphis Area Legal Services) you qualify for a free copy. If you are not represented by such an organization, the hospital may require you to provide proof that you are indigent.
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 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 copies. You can also be charged postage if you ask that the records be mailed to you.
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
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That it is all right for them to give you a summary or explanation, and
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To the fee, if any, they want to charge for writing the summary or explanation.
Your provider can’t give you a summary in place of your medical record unless you agree. If you agree to receive a summary, your health care provider generally must give you the summary no later than 10 days after they receive your request.
My health care professional offered to give me a summary, but I want a copy of my whole record. Can they make me accept the summary?
No. Although Tennessee law lets health care professionals decide whether you should get a summary or the actual medical record, the HIPAA Privacy Rule says that health care providers can give you a summary in place of the actual record only if you agree to accept the summary. Since the Privacy Rule gives you more rights, your provider must follow the HIPAA Privacy Rule.
Leon asks for a copy of his medical record. Because the medical record is long and complicated, Leon’s doctor would prefer to give him just a summary of the record. Leon does not agree to accept a summary. The doctor must give Leon a full copy of the record.
Your provider can charge you a reasonable fee for the actual time they spend preparing the summary or explanation.
I can’t understand the medical terms used in my record. Does my health care provider have to translate this information into plain language?
No. Health care providers often use technical words or a type of medical shorthand. Providers are not required to translate technical medical language into plain language for you. If you cannot understand what is written in your medical record because it is in technical language you can request an explanation of your record. However, your provider is not required to agree to your request. Section 6 lists some resources that explain medical terms.
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 or someone else, 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 10 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 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.
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 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
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 endanger you or someone else, you have the right to have another health care professional review their decision.
At the time your health care provider denies your request for your record, they must tell you in writing if you have a right to a review. They must also tell you how to ask for a review.
If you request a review, 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 notify you in writing what the reviewer decides.
Can I choose the reviewer?
No. Your health care provider gets to choose the reviewer.
