HIPAA Right of Access: How to Get Your Health Records
Your doctor normally has up to 30 days to provide a copy, and many can do it faster.
HHS’s Office for Civil Rights says you have the right to see and get copies of your health information. A doctor normally has up to 30 days to provide a copy, and you can usually choose the format, such as email. A reasonable fee is allowed, but not per page for electronic records, and you cannot be denied access because you owe a bill. You can ask your doctor to share information directly with others, including family, a caregiver, a mobile app or a researcher, and you can file a complaint with OCR if your rights are violated.
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Your health records are some of the most sensitive information about you, and in the United States you have a legal right to see them. This guide follows the HHS Office for Civil Rights page “Get it. Check it. Use it.”
Your right
HHS says: you have the right to see and get copies of your health information. This right comes from the HIPAA Privacy Rule and applies to covered health care providers and health plans.
How long it takes
Your doctor normally has up to 30 days to provide a copy. HHS notes that your doctor often can provide the information much sooner than that. If the doctor has a web portal, you may be able to view and download your information at any time.
What format you can ask for
In most cases you can get a copy the way you want it, such as by email.
Fees
Your doctor may charge a reasonable fee for a copy. HHS says the fee may not be per page if the information is stored electronically. A doctor cannot deny you access because you have not paid a medical bill.
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Sharing your information with others
You can ask your doctor to share your information directly with others. HHS lists family members, a caregiver, a mobile app or a researcher as examples. This can help if you use a health app that needs your records.
If something is wrong
If you think information in your record is wrong or missing, you can ask your doctor to fix it. If the doctor disagrees, you can still have your disagreement added to your record.
Exceptions
HHS says there are a few exceptions to getting your information but does not list them on that page. If you are refused, ask the provider to explain in writing which exception it relies on and contact OCR if you need guidance.
If your rights are violated
You can file a complaint with the HHS Office for Civil Rights if you believe your health information privacy rights were violated. HHS notes that its guidance applies only to the extent it is consistent with a 2020 court decision, Ciox Health v. Azar, and that provisions vacated by that decision are rescinded.
How to make a request
- Contact the provider’s records or privacy office. Many have a form on their website or portal.
- Say what you want: the full record, a date range or specific test results.
- Choose how you want it: email, portal download or paper.
- Ask about fees before you agree to pay.
- Note the date, and follow up after about 30 days if nothing arrives.
- Check the copy for errors and for entries that you do not recognise, which could point to medical identity theft. See medical identity theft signs and what to do.
Why this matters after a breach
After a health data breach, getting your records helps you see what is held about you and whether anything has been added in your name. Read the Anthem settlement and the Change Healthcare guide.
Rights outside the United States
HIPAA is a US law. Elsewhere, different rules apply. See how to make a subject access request for the UK approach and the Canadian PIPEDA guide. For public records held by government bodies, read what FOIA is.
Sources
- HHS Office for Civil Rights: Get it. Check it. Use it. (right of access) (rights, 30 days, fees, sharing, complaints)
Frequently asked questions
How long does a provider have to give me my records?
HHS says a doctor normally has up to 30 days, and often can provide the information much sooner.
Can they charge me?
A reasonable fee is allowed, but HHS says it may not be per page for electronic records, and access cannot be denied because of an unpaid bill.
Can I send my records to an app or family member?
Yes. You can ask your doctor to share your information directly with others such as family, a caregiver, a mobile app or a researcher.
What if my record is wrong?
You can ask the doctor to correct it, and if they disagree you can still have your disagreement added to your record.
Where do I complain?
You can file a complaint with the HHS Office for Civil Rights if you believe your rights were violated.
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