Medical Records Collection, Retention, and Access

24 Del. C. § 1761: Allows any aggrieved patient to bring a civil lawsuit for damages or a suit for injunctive relief against a provider who fails to provide access to a patient's medical record.

735 ILCS 5/8-2001: Allows patients to bring a court action to enforce the access and time requirements for patient access to medical records, and allows the patient to recover and expenses and attorney's fees from the denying party. 

M.G.L.A. 111 §70E: Allows a patient of a health care facility (which includes: health care facilities, which include, hospitals, clinics, convalescent or nursing homes, rest homes for the aged licensed or regulated by the Department of Public Health, any private, county or municipal ward licensed or regulated by the Department of Mental Health or by the Department of Developmental Services) to bring a civil lawsuit against the facility if their rights under the law have been violated due to noncompliance with this section.  This section includes as a patient's right, the right to inspect and copy one's medical records.  

N.H. Rev. Stat. Ann. § 151:30: If a health care facility violates an individual's right to access his or her medical records, the individual may seek equitable relief; the facility will be liable for monetary damages. 

Wash. Rev. Code § 70.02.170: An individual may bring an action against a health care provider who has not complied with the access requirements within two years from the individual discovering that his or her rights were violated; the court may order the provider to grant the individual access, and may award monetary damages. 

Wis. Stat. § 146.84: Any person who negligently violates a patient's right to access his or her medical records will be liable to the patient for monetary damages of up to $1,000. Any person who knowingly or willfully violates a patient's right to access such records will be liable to the patient for up to $25,000. A patient who's access right has been violated may also bring an action to enforce his or her rights. 

AS § 18.23.005: Patients are entitled to inspect and recieve copies of their medical records, but the law does not specify a time period.

A.C.A. § 16-46-106: Physicians and hospitals must provide access to patient medical records, but the law does not specify a time period in which access must be given after a request has been made.

6 Colo. Code Regs. 1011-1:II-5.2 : Hospitals must provide discharged patients copies of their medical records within 10 days from the request. However, inpatients in a hospital must be provided the opportunity to inspect their records within 24 hours from the request based on the regulation.  C.R.S.A. § 25-1-802: Physicians must provide copies of patient medical records to patients within a reasonable time or 30 days (as further defined by the CO Board of Medical Examiners).

24 Del. C. § 1761: Physicians have 45 days to fulfill a patient's request for copies of his or her medical records.  10 Del. C. § 3926:  Physicians and hospitals have 45 days to provide a patient a copy of his or her medical record unless prepayment of the copies was made, in which case the provider has 14 days from the request.  If a patient prepays, the provider has the later of the 14 day or 45 day time periods from the patient's request to furnish the medical record copies.

F.S.A. § 395.3025: Hospitals must provide access to patient medical records within a "timely manner."  Under F.S.A. § 456.057 health care practitioners must provide access to patient medical records in a "timely manner."

HRS § 622-57: A provider must furnish a copy of a patient's medical record upon request.  However, a provider who fails to give a patient access must turn over a copy of the medical record, upon a patient's written authorization that the provider furnish the patient's attorney with the medical record copy, within 10 days from the authorization.

735 ILCS 5/8-2001: Both physicians and hospitals must give a patient access to his or her medical record within 30 days from such a request, or if more time is needed the provider must give the patient an explanation within 30 days, but must provide the record within 60 days of the request.

Iowa Admin. Code 653-13.7: Physicians must give patients access to their medical records in a "timely manner," but a specific time period is not provided in the law.

ME. REV. STAT. tit. 22, § 1711 and ME. REV. STAT. tit. 22, § 1711-B: Hospitals and health care practitioners respectively, must provide patients access to their medical records within a "reasonable time" from the request.

M.G.L.A. 111 §70E: Hospitals and other health care facilities must provide access to a patient's medical record within a "reasonable time" from the patient's request.  243 MA ADC 2.07: A physician must furnish a copy of a medical record to the patient in a "timely manner."  There are no time periods specified under Massachusetts law.

M.S.A. §144.292: Hospitals and physician providers must "promptly furnish" copies of a patient's medical record upon written request, but no time period is defined under the law.

V.A.M.S. 191.227: All health care providers must furnish a copy of a patient's medical record to the patient within a "reasonable amount of time" from the patient's request and payment of reasonable copying fees.  The law does not define a specific time period. 

Neb. Rev. Stat.§ 71-8403: Health care providers must allow an individual to examine his or her medical records within 10 days of receiving a written request, and must provide a copy such records within 30 days of receiving a written request.

N.H. Rev. Stat. Ann. § 151:21: A patient has a right to receive a copy of his or her medical records from a health care facility upon request (see also N.H. Code R. He-P 802.14). N.H. Rev. Stat. Ann. § 332-I:1: A patient has a right to receive a copy of his or her medical records from a health care practitioner upon request (see also N.H. Code R. Med 501.02).  The laws do not specify a time period for access. 

N.M. Code R. § 7.7.2.19: Every hospital must have a policy providing that patients may access their own medical records. N.M. Admin. Code 16.10.17.8: Physicians must release medical records to patients upon a "legal request" for such record. The laws do not specify a time period for access. 

N.C. Gen. Stat. § 90-411: A health care provider is permitted to charge a reasonable fee for providing copies of a patient's medical records when the patient requests a copy for use in a personal injury claim or a claim for social security disability. The law does not provide an affirmative access right for individuals, and identifies no time period for access. 

Ohio Rev. Code § 3798.03: Covered entities must grant individual's access to his or her protected health information consistent with HIPAA's requirements. Ohio Rev. Code § 3701.74: A healthcare provider (including a non-covered entity) must permit a patient to examine or obtain a copy of all or part of the patient's medical record within a "reasonable time" after receiving a written request (see also Ohio Admin. Code 3701-83-07 and Ohio Admin. Code 3701-84-07). The law does not specify a time period for access to records maintained by non-covered providers. 

Or. Rev. Stat. § 192.553: Individuals in Oregon have the right to access and review their own protected health information. Or. Admin. R. 847-012-0000: A physician must permit a patient to inspect, or must provide a copy or summary of the patient's medical record within 30 days after receiving a request. 

31-4-18 R.I. Code R. § 27: Hospitals must provide a patient with a requested record within 30 days of receiving the request. 31-5-41 R.I. Code R. § 11: A physician must provide a patient's medical records within 30 days of receiving a written request (see also R.I. Gen. Laws § 5-37-22).

S.D. Codified Laws § 36-2-16: A health care practitioner must provide copies of all available medical records to a patient upon receipt of a written request. The law does not specify a time period for access. 

Tex. Health & Safety Code Ann. § 241.154: A hospital must make a patient's recorded health care information available to the patient no later than 15 business days after receiving a written authorization (see also 25 Tex. Admin. Code § 133.42). 22 Tex. Admin. Code § 165.2: A physician must provide a copy or a summary of a patient's medical and/or billing records within 15 business days after receiving a written release for the information (see also Tex. Occ. Code Ann. § 159.006). Tex. Health & Safety Code Ann. § 181.102: A provider using an electronic health records system must provide a person's record in electronic form, if the system is capable of doing so, within 15 business days after receiving a written request, unless the person agrees to accept the record in a different form.

Vt. Stat. Ann. tit. 26 § 1354: A physician's failure to make a copy of a patient's records available "promptly" to a patient when given proper written request is considered unprofessional conduct. The statute does not identify an affirmative right to access, and does not specify a time period for access. 

Wash. Rev. Code § 70.02.080: Health care providers must permit a patient to examine or copy his or her recorded health care information no later than 15 days after receiving a written request. 

Wis. Stat. § 146.83: Health care providers must permit a patient to inspect his or her records once the patient submits a statement of informed consent; providers must furnish a copy of such records after receiving the patient's informed consent and payment of the applicable fee. The statute does not specify a time period for access.