Can a Patient Request Their Own Medical Records?

A Guide to Requesting and Obtaining Patient Medical Records

Patients have the right under HIPAA to access their medical records from healthcare providers and health insurers who hold their protected health information. While the process may involve some limitations, accessible medical records provide many benefits in managing patients' health.

Having access to patients’ personal medical records is an important part of taking control of their health. Medical records contain vital information about one's health history, current conditions, test results, treatment plans, and more. 

As a patient, you have a right to access this information under U.S. law. However, the process of requesting medical records is not always straightforward. There are specific procedures to follow and certain limitations you may encounter.

Protect patient health information rights with Calysta EMR's HIPAA-compliant solutions. Contact us to learn more.

Understanding Your Rights to Access Medical Records

A federal law known as the Health Insurance Portability and Accountability Act (HIPAA) grants patients the right to get copies of their medical records. Under HIPAA's Privacy Rule, patients have the right to access their own protected health information (PHI) held by healthcare providers and health plans. 

When a patient requests access to their PHI, HIPAA requires the healthcare provider or health plan to promptly provide access within 30 days of the request. The 30-day timeframe can be extended once by an additional 30 days with written notice to the patient explaining the reason for the delay.

While HIPAA gives patients the right to access PHI, the law balances this right with legitimate concerns about privacy and security. For example, psychotherapy notes may be withheld from patients in some cases. Information about other patients may also be removed from records before providing access.

How to Request Your Medical Records

If you want to obtain copies of your medical records, you have several options:

1. Request Records Directly from Your Healthcare Provider

The most straightforward way to request medical records is to ask your healthcare provider directly. You can make records requests in writing by filling out a medical release authorization form. Many providers have these forms readily available. You can also request records in person at your doctor's office or by phone if the provider has procedures in place to process requests over the phone.

Increasingly, healthcare providers allow patients to access medical records through online patient portals. When you log into the portal, you may be able to view, download, or print your records. This provides convenient 24/7 access for many patients.

2. Use a Medical Release Form

Another option is to use a medical release authorization form from an outside source, such as a records request service or legal website. This type of form allows you to specify which provider you want to receive records from and where to send the records. It also allows you to select specific record types and date ranges.

The advantage of using a medical release form is it clearly documents your request and permission for the release of your PHI to a designated recipient. This can help facilitate a smooth records request process.

3. Request an Online Portal from Your Provider

For quick and convenient access, you may want to ask your healthcare provider if they offer a patient portal where you can view your medical records online. Many providers now provide portals to help patients be more actively involved in their healthcare.

Patient portals allow you to use a secure login to view records at any time without having to contact your provider directly. You can check test results as soon as they become available, track your medical history, renew prescriptions, email your healthcare team, and more.

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What Information is Included in Medical Records?

Medical records can include a variety of documentation about your health, such as:

Category	Description
Personal Information	Includes the patient's name, date of birth, address, and contact information.
Medical History	Records of ongoing and past medical conditions, surgeries, allergies, and family medical history.
Medication Lists	Current and past prescriptions, as well as over-the-counter medications taken by the patient.
Immunization Records	Documentation of vaccinations received.
Test Results	Results from lab tests, imaging studies (like X-rays, CT scans, MRIs), and other diagnostic tests.
Clinical Notes	Notes made by healthcare providers during visits, including hospital discharge summaries.
Treatment Plans	Documentation outlining the planned course of care and follow-up actions.
Billing Information	Itemized lists of charges for services rendered and insurance claims.

There are some limitations on the types of health information you can access. For example, psychotherapy notes kept separately by a mental health professional may not be accessible. 

Any information that compromises the privacy of other patients may be removed from records before release.

Potential Limitations and Challenges

While patients have a legal right to access their medical records, there can be some limitations and challenges involved in making requests:

Fees for Obtaining Medical Records

Healthcare providers may charge fees for the cost of copying and sending records. Fees are usually on a per page basis and can range from 10 cents to up to $1 per page depending on state regulations. Providers should inform you of any fees upfront. Online patient portal access is typically free of charge.

Timeframe for Receiving Requested Records

Under HIPAA, providers technically have up to 30 days to respond to records requests. So you may not get records instantly in all cases. And requests involving older records in storage could take longer to obtain. Ask providers for their average turnaround time so you know when to expect your records.

Denial of Record Requests

In rare cases, a healthcare provider may deny access to all or parts of your medical records. This could happen if the provider determines that release of information could endanger your life or another person's. However, providers must give you a written explanation for any denials. You have the right to appeal a denial by filing a complaint.

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Benefits of Accessing Your Medical Records

Despite potential challenges, there are many benefits to accessing your medical records as a patient:

Verification of Accuracy and Completeness: Accessing your medical records empowers you to verify that all information is accurate and comprehensive. This is crucial because even minor errors in your medical history can lead to serious medical errors or inappropriate treatments. 

Improved Coordination of Care: Sharing your medical records with various healthcare providers enhances the coordination of your care. When multiple specialists are involved in your treatment, having a complete and up-to-date record allows them to understand your overall health status and treatment history. 

Management of Chronic Health Conditions: For patients managing chronic health conditions, accessing medical records is invaluable. It enables you to track symptoms, medication adherence, and treatment responses over time. 

Assistance with Applications for Insurance and Benefits: When applying for insurance coverage, disability benefits, or other assistance programs, having access to your medical records can significantly streamline the process. 

Enhanced Patient-Provider Communication: Accessing your medical records fosters a more collaborative relationship with your healthcare provider. With firsthand knowledge of your health information, you can engage in meaningful conversations about your care. 

Conclusion

Patients have the right under HIPAA to access their medical records from healthcare providers and health insurers who hold their protected health information. While the process may involve some limitations, accessible medical records provide many benefits in managing patients’ health. 

Take Control of Your Patient’s Health with Calysta EMR

Enabling patient access to records in line with HIPAA standards builds patient trust, improves care coordination, and reduces risk of noncompliance penalties. Contact Calysta EMR to find out how our solutions can help your practice effectively share PHI with patients.