10 Del. C. § 3926 - Production of records; jurisdiction

A provider (including hospitals and physicians) who receives a written, signed authorization by an existing or former patient, guardian or representative, must produce a copy of the medical record within 45 days from the request.  The provider’s copying fees must be reasonable, and if prepayment of copying fees is required, the provider must give the patient notice of this in writing within 14 days of receiving the request for medical records.  Once the prepayment is made, the provider must produce the medical records within the later of 14 days of receiving payment or 45 days of the request. 

A health care provider may object to producing the medical record for good cause.  The objection must state the reason for refusal to provide the record and must be given to the patient within 30 days from the request.

A provider’s failure to produce or copy a patient’s medical record will lead to a civil penalty not to exceed $25 per day for every business day the record is not provided as well as any other sanction imposed by the court.  Any motion made to the court to enforce this law must be made within 60 days from the date of the original request.  If the records produced are incomplete, the patient has a reasonable time from discovery of the missing records to file a motion with the court. 

This law does not apply to a plaintiff who is party to a lawsuit alleging medical negligence against the provider.