TriangleHow to get copies of your medical records
You have a legal right to see and copy your file. What that covers, what a provider can charge, and how to fix an error once you have it.
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.
After my scan I had notes at one hospital, imaging at another, and a molecular report that existed only as a PDF in someone’s inbox. Nobody held the whole file. Pulling my own copies was the first useful thing I did, and federal law is on your side when you ask.
What you can ask for
The HIPAA Privacy Rule gives you, with few exceptions, the right to inspect, review, and receive a copy of your medical records and billing records held by health plans and providers the rule covers. That is most doctors, clinics, hospitals, pharmacies, and health insurers. You can also ask to have corrections added, and you are entitled to a notice explaining how your information may be used and shared.
Only you, or your personal representative, have that right. A provider may send copies to another provider for treatment or payment, or with your permission, but they are not required to. If you want a new doctor to see your history, request the copies yourself or authorize the transfer in writing.
Fees, refusals, and what is left out
They may charge reasonable costs for copying and mailing. They cannot charge a search or retrieval fee, and they cannot refuse because you have an unpaid bill.
You do not have a right to a mental health professional’s psychotherapy notes, which are kept separate from the medical and billing record. Almost everything else is in reach.
Not every organization that holds health information is covered. Employers, life insurers, most schools, and workers’ compensation carriers are examples. If your records sit with one of those, these HIPAA rights may not apply.
If something in the file is wrong
Request an amendment. The provider or plan must respond. If they created the information and it is inaccurate or incomplete, they must amend it. If they disagree, you can submit a statement of disagreement that they have to add to your record.
If they refuse the copy altogether, complain to them first, then to the U.S. Department of Health and Human Services.
See the four ways Triangle brings your records into one place →
Sources
- HHS: Your Medical RecordsThe Privacy Rule gives you, with few exceptions, the right to inspect, review, and receive a copy of medical and billing records held by covered health plans and providers; only you or your personal representative may access them; providers are not required to share with other providers.
- HHS: Your Medical RecordsA provider may charge reasonable copying and mailing costs, may not charge for searching or retrieving, and may not deny a copy for unpaid bills; psychotherapy notes are excluded; you may request an amendment and, if refused, add a statement of disagreement.
- HHS: Your Rights Under HIPAACovered entities include most providers and health plans; employers, life insurers, most schools, and workers' compensation carriers are not covered; you may file complaints with the provider, insurer, or HHS.