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A.C.A. § 16-46-106

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Access to Medical Records

All patients have the right to access information contained in his or her medical record upon written request. The patient is responsible for costs associated with copying the medical record, which must not exceed (excludes x-rays) $.50 per page for the first 25 pages and $.25 for each page thereafter.  A labor charge not to exceed $15 may also be added for each request for medical records as well as postage costs.  If the medical records are stored at a different location from the provider, a reasonable retrieval fee may be charged in lieu of the labor charge.  However, it should be noted that the law does not prohibit reasonable fees for narrative reports or medical record reviews.

If a health care provider (includes physicians and hospitals) believes that a patient should be denied access to his or her medical records,  the provider must give the patient a written determination that access would be detrimental to the patient’s well-being.  A patient then may solicit another doctor to review the information to determine the accuracy of the original provider’s determination.  If the second provider determines the information would not be detrimental to the patient, the medical record can be released to the patient.  If the determination is made that the information would be detrimental the record cannot be released or the offending information must be redacted.  This law does not preclude a patient from using the subpoena process to obtain access to his or her medical records if reasonable attempts have been made.

Current as of June 2015