Patients’ Right to Access Their Medical Records: Why It Matters and How to Use It

Patients’ Right to Access Their Medical Records: Why It Matters and How to Use It

Being informed about your health is one of the most powerful tools you have as a patient — and that starts with having access to your medical records. Federal law gives patients the legal right to view, request, and receive copies of their health information, and understanding this right can make a major difference when advocating for care, filing appeals, correcting errors, or coordinating treatment across providers.

In this post, we’ll break down what your right to access means, what records you’re allowed to get, how to request them, and what to do if you’re denied or face delays.

💡 What Law Gives Patients the Right to Access Their Records?

The HIPAA Privacy Rule (Health Insurance Portability and Accountability Act) gives patients the legal right to:

  • Access their medical and billing records

  • Request copies in paper or electronic format

  • Ask for corrections or amendments

  • Have records sent to another person or organization (like an advocate, family member, or specialist)

This right applies to records held by:

  • Doctors and specialists

  • Hospitals and clinics

  • Pharmacies

  • Labs and imaging facilities

  • Health plans and insurers

If the record is about your health and your care — you generally have a right to it.

📂 What Types of Records Can Patients Access?

You are allowed to request:

  • Visit notes, diagnoses, and treatment plans

  • Lab results and imaging reports

  • Operative reports and discharge summaries

  • Medication lists and prescription histories

  • Care coordination and referral notes

  • Billing records and claims histories

You also have the right to get records from past providers, even if you no longer see them.

The only common exceptions are psychotherapy notes and information compiled for legal proceedings — everything else is typically accessible.

🕒 How Long Should It Take?

Under HIPAA, providers must respond:

  • Within 30 days in most cases

  • They may request one 30-day extension, but must explain why

  • Unreasonable delays are not allowed

Some states have stricter timelines — and providers must follow whichever rule is stronger.

💵 Can Providers Charge a Fee?

Yes — but only a reasonable, cost-based fee for:

  • Copies

  • Printing

  • Mailing

  • Technology used to produce e-records

Flat “retrieval fees,” administrative charges, or per-page fees for electronic records are generally not allowed.

🧾 How to Request Your Medical Records

Here’s a simple step-by-step process:

  1. Contact the medical records or Health Information Management (HIM) department

  2. Ask for a HIPAA medical records request form

  3. Specify:

    • What records you want

    • The date range

    • Format (paper or electronic)

    • Where the records should be sent

  4. Keep a copy of your request and note the date submitted

Many providers also allow requests through patient portals or secure email.

✍️ Can You Ask to Correct or Update Your Records?

Yes — if something is inaccurate or incomplete, you may submit an amendment request. The provider must respond within 60 days and either:

  • Make the correction, or

  • Provide a written reason for denial

If denied, you have the right to submit a written disagreement that must be added to your record.

🚫 What If a Provider Refuses or Delays Access?

You may appeal or file a complaint if:

  • Your request is ignored

  • You are unfairly denied

  • Fees are excessive

  • Records are withheld without valid reason

Options include:

  • Filing a complaint with the provider’s compliance department

  • Filing a complaint with the U.S. Department of Health & Human Services (HHS)

  • Filing a complaint with your state health authority or licensing board

Delaying or refusing record access without cause is a HIPAA violation.

🧠 Why Access to Records Matters for Patients

Having your records helps you:

  • Understand your diagnoses and treatment history

  • Prepare for appointments and ask informed questions

  • Catch billing or documentation errors

  • Support insurance appeals and disability claims

  • Coordinate care across multiple providers

  • Advocate for yourself with confidence

Access to your health information is not a privilege — it is a right.

🔚 Final Thoughts

Your medical records belong to you — even though they are stored by your provider. Knowing how to request, review, and use your records is a key part of patient empowerment and advocacy.

If you need help requesting records, writing an appeal, or understanding what your records say, AKG Advocacy can help guide you through the process.

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