Under federal law, you have the right to access the information in these records and make updates or corrections when needed. Learn how to request your records, how much they'll cost, how to correct errors, and more.1
What Information Does a Medical Record Contain?
A medical record is a written account of a person's health history. Today, most medical records are kept and shared electronically, although some providers will maintain paper records.
Your medical records may include:
- Information about your past history, family history, and social history
- Records of diagnoses, including provisional diagnoses
- Prescribed medications and treatments
- Lab and imaging test results
- Diagnostic procedures, like electrocardiogram (ECG) or colonoscopy
- Immunization records
- Observations by the healthcare provider
- Hospital admissions, including consent forms and discharge summary
- Insurance requests and responses
- Billing information
- Authorizations like medical power of attorney and organ donation
- Records shared by other healthcare providers
Steps to Accessing Your Medical Records
Many healthcare practices offer online patient portals where you can access your medical records. These secure sites also let you book appointments or message your provider.
If your provider doesn't have an online portal, request records by phone or email. Most providers have forms for you to Complete.
If the office doesn't have a form, you can make a written request, providing:2
- Your full name
- Social Security number
- Date of birth
- Address
- Phone number
- Email address
- The list of records being requested
- The dates of service
- Delivery options (fax, post, email, in person)
- Signature
- A copy of your ID
After you request records, there may be a waiting period. State laws usually require delivery within 30 to 60 days.
Keep a copy of your original request. If you don't receive the documents after several attempts, contact your state's Department of Health.
Who Has Access to Your Medical Records?
According to the Health Insurance Portability and Accounting Act (HIPAA) of 1996, you have the right to obtain copies of most of your medical records, whether they are electronic or on paper.3
HIPAA regulations protect your privacy, but they can be complex, sometimes confusing providers. This may make it hard to get your records, even when you have a right to them.
According to HIPAA, you have the right to request medical records if:4
- You are the patient or the parent or guardian of the patient whose records are being requested.
- You are a caregiver or advocate who has obtained written permission from the patient.
Many people assume that only they or their designees can obtain copies of their medical records. Under federal law, others may also have the right.
This isn't just your primary care provider but any third party you may have unknowingly given access to. These can include other practitioners, insurance companies, hospitals, labs, nursing homes, rehabilitation centers, and billing providers.5
Some people also request that their information be shared with mobile apps (such as those that monitor your heart disease or diabetes). Under HIPAA, you have the right to make the request, but your provider is not responsible for how the mobile app uses or secures the information.3
Which Records Can You Get?
Generally, you have the right to see and get a copy of your medical records in full. This is true whether you have paid a provider or not. Under federal law, your provider must give you access to your records even if you have an unpaid bill.2
With that said, there are limitations as to how far back in your history you can go. Though state laws vary, most providers in the United States (including medical practitioners, hospitals, and labs) are required to keep adult medical records for seven years.
By contrast, the medical records of children must be kept until the age of majority (18 in some states and 21 in others). There are even a few states that require practitioners to maintain records several years beyond the age of majority.6
Among the various records you have the right to obtain:5
- Any notes or records that a provider has created themselves
- Any diagnostic results for which a provider has copies including blood tests, X-rays, mammograms, genetic tests, biopsies, etc.
- Any information provided by another healthcare provider that was used to establish a diagnosis and/or direct treatment
If you need a specific lab test or hospital record, it's often best to request it directly from the facility. These records are usually more complete and are kept longer than those in private practice.
Why Your Provider May Deny Some Records
There are records you may be denied access to. These mainly involve mental health records that are considered “impressions” rather than diagnoses. Disclosing these may harm the provider-patient relationship if they are misconstrued or taken out of context.7
With that said, a provider cannot deny access because it might hurt your feelings. It can only be denied if the information might cause you to hurt yourself or others. The denial must be provided to you in writing.5
Under federal law, you can also be denied access to medical information compiled for use in a lawsuit.5
If you believe your access to medical records was unfairly denied, file a complaint with the Office of Civil Rights (OCR) at the Department of Health and Human Services.
If the OCR agrees with your complaint, it will instruct the provider to release the information. It can even enforce a settlement if actual harm was done. The complaint must be filed within 180 days of the violation.8
You can also file a complaint if your medical confidentiality has been breached.8
Do the Records Cost Anything?
Obtaining your records through an online patient portal is usually free. Some providers may charge if you want them delivered on paper or electronic media (such as a USB drive), but the price must be reasonable.5
For example, a provider cannot charge an excessive fee to recoup money you have not paid them. If there is an unpaid bill, they have to take that up separately, either by filing a lawsuit or hiring a debt collection agency.
When you request your health record, be sure to ask how much it will cost and if there are any less costly options.
What If My Healthcare Provider Is No Longer in Practice?
If your healthcare provider retires or closes the practice, your medical records must still be kept by law, even if the provider has passed away or dissolved the practice.
If a provider has left a group practice but the practice is still operating, your records must be maintained by the remaining members.9
If the practice is sold, the new practice must receive your written consent before the files can be transferred.
It can be tough to find your records if a provider's office closes without forwarding details. In such instances, there are several things you can do:
- Contact your state or local medical society: Many of these organizations require annual registration and will likely have the latest contact information.
- Speak with your health insurance company: If the healthcare provider is still an approved provider, your insurer will have contact details.
- Contact any hospital where your healthcare provider made rounds: Healthcare providers undergo a formal process to obtain hospital privileges. Human resource departments will usually have details on file.
If needed, reconstruct your file by reaching out to labs, hospitals, or specialists you've used. Your past and present health insurers can also provide details of any claims made for you.
How to Correct Mistakes
Once you’ve obtained a copy of your medical records, review them carefully. If you find errors or omissions, you will want to have them corrected to ensure they don’t compromise your future care.11
Most providers will readily agree to correct factual errors or track down missing reports.
On the other hand, they are not required to change a record because you don't agree with them or would rather have certain facts left out. Examples include a diagnosis of alcohol or HIV. Cutting these is not only unethical but may subject the provider to legal action.
With that said, if you believe that the refusal is unjust or places you in harm’s way, submit a complaint to the OCR describing the dispute. They can decide if the correction is warranted.
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