Sharing medical records with a new doctor

Two calls first: ask the new office what they need (full chart versus recent labs, imaging, meds list) and how they want it sent. Then ask your current provider how they release records. Portal, a medical-records form, email, fax, or mail. Under HIPAA’s right of access you can tell a covered provider or plan to send a copy of your electronic health record to someone you name. A 2020 court order (Ciox) limited that third-party access rule to electronic EHR copies. It does not cover every paper chart. Put the request in writing, sign it, and name the new doctor and exactly where to send the copy. Many offices take a scanned signed form, a signed portal request, fax, or mail. Providers can also share with another treating provider for your care without a form. They are not required to push your history on their own. If you want the transfer done, ask in writing and follow up.

Yes. You can ask your current covered provider to send a copy of your electronic health record directly to the new doctor under the right of access. After Ciox, that rule covers those electronic copies, not every paper file (those usually need an authorization; see the next question). The written request has to say who should receive it and where to send it. They cannot make you come in person just to make that request. You can also ask for a format they can actually produce, for example an electronic copy sent to a secure address the new office uses.

Not always. The HIPAA Privacy Rule permits a health care provider to disclose protected health information to another health care provider for that provider’s treatment of you, without your written authorization. Offices sometimes still use a release form as their workflow—that is their process, not a universal legal requirement for every treatment share. If *you* are directing a covered entity to send a copy to a third party under the right of access, the access rule calls for a written, signed request that names the recipient and the destination. For information kept only on paper or another non-electronic format that you want sent to another person, federal consumer guidance from ONC says you will need an authorization form, and the usual HIPAA access deadlines do not apply to that paper send.

Sometimes. A provider or health plan may send copies to another provider as needed for treatment or payment, or with your permission. The Privacy Rule does not require them to share with other providers, so do not assume a full history moves on its own. Practical approach: ask the new office whether they will request records from prior providers, what they still need you to sign, and how they confirm arrival. You can also download what your portal offers and bring or upload a copy while the formal transfer is in motion—especially before a first oncology or specialty visit.

For a HIPAA right-of-access request, a covered entity must act no later than 30 calendar days after it receives the request. If it needs more time, it may take one extra period of up to 30 calendar days—but only if, within the first 30 days, it gives you a written reason for the delay and the date it will finish. Those are outer limits; many electronic fulfills happen sooner. If you are asking a provider to send paper or other non-electronic information to another person under an authorization, ONC notes that the HIPAA Privacy Rule does not apply those access deadlines to that kind of send. Ask the releasing office for their expected date, and ask the new office to tell you when the file lands.

Forms are not standardized, but federal consumer guidance says you will usually need to identify yourself, say what you want released (full record vs specific items such as allergies, medications, immunizations, a single visit note, or test results and imaging), name the recipient, and say how and where to deliver the copy. For a right-of-access direction to a third party, at minimum the request must be in writing, signed by you, and clearly identify the designated person or entity and where to send the PHI. Be specific about date ranges if you only need recent oncology notes or imaging—large charts can be hundreds of pages. Keep a dated copy of what you submitted.

A portal is a strong first stop, not always the whole story. Portals often let you view test results, visit summaries, allergies, immunizations, and medicine lists, and sometimes download or message the office. HHS also notes that if your doctor offers a web portal, you may be able to view and download health information whenever you want. Charts can still sit at several doctors’ offices and hospitals. Portal views may not include every document in the designated record set you would get from a formal records request. When you change doctors—especially for cancer or another chronic condition—ask the new team whether portal downloads plus a directed send of key notes, pathology, imaging, and medication history are enough, or whether they need a broader release. If you have Medicare, VA care, or are on active duty, look for a Blue Button icon on your plan or provider portal—ONC describes it as a way to download your health data or share it with people you trust, including other physicians.

For a send to another doctor, access fee caps that apply when you get a copy for yourself do not carry over. A 2020 court order (Ciox) made clear that the HIPAA access fee limitation does not apply to an individual’s request to transmit records to a third party. ONC’s consumer guide adds that getting records electronically through a portal, app, or email is often free or low-cost, but if you ask a provider to send paper or other non-electronic information to another person, you will need an authorization and the provider can charge a higher fee. Ask for the fee in writing before you submit.

A personal representative—generally someone with authority under state law to make health care decisions for you—can direct the covered entity to send a copy to another person or entity (such as a new doctor), within the scope of that representation and the access rule. If you are arranging help informally (a spouse calling for status), the office may still require the signed request to come from you or your personal representative.

Call both sides with dates in hand: when you submitted the request, what was requested, and where it was supposed to go (fax number, Direct address, mail address, or portal workflow). Ask the releasing office for confirmation that it sent the file and by which method; ask the new office to check spam folders, fax queues, and outside-records inboxes. If part of the file is available in a portal, download and share that while you wait. If a covered entity refuses a proper access request, you can file a complaint with HHS’s Office for Civil Rights. For day-to-day navigation, keep your own simple list of medicines, allergies, major diagnoses and surgeries, and key test dates so the new clinician is not starting from a blank page.