Guide · Updated
How to get your medical records
After an injury, your medical records tell the story of what happened to you. Federal law gives you the right to get a copy.
Step 1: Your right to your records
Under a federal rule known as the HIPAA right of access, you have the right to see and get a copy of your health information1. It applies to health plans, and to doctors, hospitals and clinics that send health information electronically, for example to bill insurance2.
There are a few exceptions. Psychotherapy notes, and information gathered for a lawsuit, are not covered by this right1.
Step 2: How to ask
- Contact the records officeCall or visit the hospital or clinic and ask for its records request process. It may ask you to put your request in writing, but it has to tell you that1.
- Say what you wantList the dates of care and the kinds of records, such as visit notes, imaging, test results and bills.
- Ask for the format you wantSay if you want an electronic copy. If the records are kept electronically, they must give you one in the form you ask for, if they can readily produce it1.
- Keep a copy of your requestWrite down the date you asked. The time limit below starts when they receive your request.
Step 3: How long it can take
They must act on your request no later than 30 days after they receive it1. They can take up to 30 more days only once. To do that, they must tell you in writing why, and when they will finish1. Some state laws set a shorter deadline. In Texas, for example, a doctor must provide records no later than the 15th business day after getting your written OK to release them3. A provider with an electronic records system that can do it must send your electronic record within the same 15 business days4.
Step 4: What it can cost
They may charge you a reasonable, cost-based fee. It can only cover the labor of copying, supplies like a USB drive or paper, postage, and a summary if you agreed to one1.
Step 5: Sending records to your lawyer
You can ask them to send a copy straight to someone else, such as your lawyer.
Step 6: If they say no
If they deny all or part of your request, they must tell you in writing, in plain language, and say why1. They must still give you the parts they can1.
You can also complain to the U.S. Department of Health and Human Services5. The complaint must be in writing, on paper or online. It must name the doctor, hospital or plan and describe what they did wrong. File it within 180 days of when you knew, or should have known, about the problem, unless HHS waives (sets aside) that limit for good cause5.
When you’re ready
Find an injury lawyer, on your terms
Search by city and type of case. Every firm’s facts show where they came from and when. We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Find a lawyer near youSources
Where the legal facts on this page come from
- 45 C.F.R. § 164.524 (access of individuals to protected health information)“(a)(1) … an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set … (b) … (1) … The covered entity may require individuals to make requests for access in writing, provided that it informs individuals of such a requirement. (2) Timely action by the covered entity. (i) Except as provided in paragraph (b)(2)(ii) of this section, the covered entity must act on a request for access no later than 30 days after receipt of the request … (ii) If the covered entity is unable to take an action … within the time required … the covered entity may extend the time for such actions by no more than 30 days, provided that: (A) The covered entity, within the time limit set by paragraph (b)(2)(i) of this section, as applicable, provides the individual with a written statement of the reasons for the delay and the date by which the covered entity will complete its action on the request; and (B) The covered entity may have only one such extension of time for action on a request for access. (c) … (2) … (ii) … if the protected health information that is the subject of a request for access is maintained in one or more designated record sets electronically and if the individual requests an electronic copy of such information, the covered entity must provide the individual with access to the protected health information in the electronic form and format requested by the individual, if it is readily producible in such form and format; or, if not, in a readable electronic form and format as agreed to by the covered entity and the individual. (3) … (ii) If an individual's request for access directs the covered entity to transmit the copy of protected health information directly to another person designated by the individual, the covered entity must provide the copy to the person designated by the individual. The individual's request must be in writing, signed by the individual, and clearly identify the designated person and where to send the copy of protected health information. (4) Fees. If the individual requests a copy of the protected health information or agrees to a summary or explanation of such information, the covered entity may impose a reasonable, cost-based fee, provided that the fee includes only the cost of: (i) Labor for copying … (ii) Supplies for creating the paper copy or electronic media if the individual requests that the electronic copy be provided on portable media; (iii) Postage … and (iv) Preparing an explanation or summary … (d) … (1) Making other information accessible. The covered entity must, to the extent possible, give the individual access to any other protected health information requested, after excluding the protected health information as to which the covered entity has a ground to deny access. (2) Denial. The covered entity must provide a timely, written denial to the individual … The denial must be in plain language and contain: (i) The basis for the denial; … (iii) A description of how the individual may complain to the covered entity … or to the Secretary pursuant to the procedures in § 160.306.”Read the source: 45 C.F.R. § 164.524 (access of individuals to protected health information)
- 45 C.F.R. § 160.103 (definitions: “covered entity”)“Covered entity means: (1) A health plan. (2) A health care clearinghouse. (3) A health care provider who transmits any health information in electronic form in connection with a transaction covered by this subchapter.”Read the source: 45 C.F.R. § 160.103 (definitions: “covered entity”)
- Tex. Occ. Code § 159.006 (information furnished by physician)“(d) A physician shall provide the information requested under this section: (1) not later than the 15th business day after the date of receipt of the written consent for release under Subsection (a) or the written request under Subsection (c) …”Read the source: Tex. Occ. Code § 159.006 (information furnished by physician)
- Tex. Health & Safety Code § 181.102 (consumer access to electronic health records)“(a) Except as provided by Subsection (b), if a health care provider is using an electronic health records system that is capable of fulfilling the request, the health care provider, not later than the 15th business day after the date the health care provider receives a written request from a person for the person's electronic health record, shall provide the requested record to the person in electronic form unless the person agrees to accept the record in another form.”Read the source: Tex. Health & Safety Code § 181.102 (consumer access to electronic health records)
- 45 C.F.R. § 160.306 (complaints to the Secretary)“(a) Right to file a complaint. A person who believes a covered entity or business associate is not complying with the administrative simplification provisions may file a complaint with the Secretary. (b) … (1) A complaint must be filed in writing, either on paper or electronically. (2) A complaint must name the person that is the subject of the complaint and describe the acts or omissions believed to be in violation of the applicable administrative simplification provision(s). (3) A complaint must be filed within 180 days of when the complainant knew or should have known that the act or omission complained of occurred, unless this time limit is waived by the Secretary for good cause shown.”Read the source: 45 C.F.R. § 160.306 (complaints to the Secretary)
This is general information, not legal advice.