TriangleGetting your medical records
Who can ask, what it can cost, what is left out, and what to do when something in the file is wrong.
This is not clinical evidence and not medical advice. It does not replace your care team. Discuss anything here with your clinician before you act on it. Product questions are on the FAQ.
Do I have a right to a copy of my medical records?
Yes, with few exceptions. HIPAA gives you the right to inspect, review, and receive a copy of your medical and billing records held by health plans and providers the rule covers — most doctors, hospitals, clinics, pharmacies, and insurers.
Can a provider charge me for my records?
They may charge reasonable costs for copying and mailing. They cannot charge for searching or retrieving.
Can a provider refuse because I have an unpaid bill?
No. An unpaid bill is not a reason to deny you a copy.
Can a family member request my records for me?
Only you or your personal representative have that right. A family member acting as your personal representative can; otherwise you authorize a release in writing.
Will my doctor automatically send my records to a new doctor?
Not necessarily. They may send copies for treatment or payment, or with your permission, but they are not required to. If you want the history moved, request the copies yourself or authorize the transfer.
Is anything excluded from my right of access?
A mental health professional’s psychotherapy notes, kept separate from the medical and billing record. Almost everything else is included.
What if my record has a mistake in it?
Request an amendment. They have to respond. If they created inaccurate or incomplete information, they must amend it. If they disagree, you can add a statement of disagreement to the record.
Does HIPAA cover my employer or life insurer?
No. Employers, life insurers, most schools, workers’ compensation carriers, and many state agencies are not covered.
What can I do if I am refused?
Complain to the provider or insurer, and you can file with the U.S. Department of Health and Human Services.
See the four ways Triangle brings your records into one place →
Sources
- HHS: Your Medical RecordsRight to inspect, review, and copy medical and billing records; only you or your personal representative may access; providers not required to share with other providers; reasonable copy and mailing charges only; no search fee; no denial for unpaid bills; psychotherapy notes excluded; amendment and statement of disagreement.
- HHS: Your Rights Under HIPAACovered entities and who is not covered (employers, life insurers, most schools, workers' compensation carriers, many state agencies); complaints to provider, insurer, or HHS.