Legal Right to Medical Records

You Have a Legal Right to Your Medical Records

The process of requesting your medical records can be a difficult and lengthy one. In fact, it is one of the biggest causes of delays in the disability process, even though it seems it should not be. You have a legal right under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The HIPAA Privacy Rule, with some limitations, provides individuals with a legal right to look at and obtain copies of their own medical records. Covered entities (i.e medical facilities) are obligated to provide you, upon request, with your personal medical records. So, how do you request your medical records?

1. Visit your doctor’s office
   • You can ask for your medical records in person. Most facilities will ask you to fill out a form. Often it will still take time before you are able to receive them. It likely will not be that same day.
2. Log in to your MyChart or online Patient Portal
   • This is usually the quickest way to get your medical records. There is typically an option on your page where you can instantly download your record. However, this record set is oftentimes incomplete. While it may be helpful immediately, it would still be a good idea to request the complete record.
3. Submit a request for medical records
   • The most generic way of requesting medical records is to submit a signed letter to the facility indicating: who you are, where you were seen, what records you are requesting, the date range of records you are requesting, how you would like your records (electronic or paper), if you would like them sent to a third party, and any indication of urgency you’d like to mention.
   • Medical facilities and providers usually have a form online called a records release form. This form can also be used to request your records.
   • To find where to send the request, please check the facility’s website or call the medical records department. It is most often a fax number, but some facilities will have an email to send the request to.

As your disability representative, we can and will assist you in requesting your medical records. It is important that you inform us early and often of your medical providers and appointments.  For a more in depth review and FAQ about this legal right, please visit https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html.

~Kayla