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Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →In the United States, you generally have a right under HIPAA to inspect and get copies of medical and billing information held by covered health care providers and health plans, and to ask them to amend information you believe is inaccurate or incomplete. Contact the organization’s medical-records or privacy office, describe exactly what you need, and keep a dated record of every request and reply. Getting a copy and correcting an entry are separate processes with different deadlines and outcomes.
Who can request records under HIPAA?
HIPAA generally gives individuals—and, in appropriate circumstances, their personal representatives—the right to inspect, review, and receive copies of protected health information in a covered provider’s or health plan’s designated record set. That can include medical and billing information, not only a standard chart. The federal right applies to covered health plans and health care providers; it does not necessarily apply to every organization that holds health information. State law may add protections or affect the process. This guide covers the United States; readers elsewhere should check the rules in their jurisdiction. See HHS OCR’s Your Medical Records.
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Psychotherapy notes are a narrow exception, not a blanket exclusion for mental health records. HHS describes them as a mental health professional’s separately kept notes about conversations; patients generally do not have a HIPAA right to access those notes. Other mental health records may still be accessible. Ask the provider which records are being withheld and why.
How to request a copy
- Contact the right office. Ask the provider’s medical-records or health-information-management office, or its privacy office, how to request records. For insurance records, contact the health plan’s privacy contact. HIPAA does not require one universal office name or form.
- Describe what you want. Identify yourself and the provider or plan, specify the records and date range, and say whether you want electronic or paper delivery. Include where the copy should be sent and how to contact you if clarification is needed. You generally do not have to explain why you want your records.
- Use the organization’s stated submission route. It may require a written request if it has informed patients, and it may provide or require its own form. The procedure must not create a barrier or unreasonable delay. Organizations may use reasonable steps to verify your identity. Do not assume every provider accepts requests by portal, email, mail, or in person; confirm the available channels.
- Keep proof. Save a copy of the request, any form, submission confirmation, and the date sent. If you use a method without a receipt, ask the office to confirm it received the request.
A request may cover paper or electronic records, including older or archived information while it is still maintained by or for the covered entity. HHS explains the scope and process in its guidance on individuals’ right to access health information.
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Choose a delivery format and understand possible fees
You can ask for an electronic copy in a form and format the organization can readily produce. If it cannot readily produce that exact format, it generally must provide a readable electronic alternative that you agree to. You may also direct the copy to another person or recipient. These rights do not mean an organization must create new software or explanatory material.
Under HIPAA, reasonable copying and mailing fees may be charged, but searching for and retrieving records cannot be charged as access fees. A provider cannot deny access because you owe money for care. State law may provide stronger fee protections. HHS summarizes the federal access-fee rules in its access guidance.
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How long should a records request take?
HIPAA access is generally due within 30 days. If the information is not maintained or accessible on-site, the deadline can be 60 days. The covered entity may take one additional 30-day extension, but it must give you written reasons and an expected delivery date. Keep the request and response dates together so you can track the applicable period. For current patient-facing details, see ONC’s Your Health Information Rights and Patient Access Information for Individuals.
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How to request a correction or amendment
An amendment request is for information you believe is inaccurate or incomplete. Send it to the provider or plan that maintains the information and follow its stated amendment process. To make the request specific, identify the exact entry, explain what you believe is wrong or missing, and describe the correction or context you want added. This is a practical way to explain the issue; HIPAA does not prescribe one universal template.
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The organization must respond, but an amendment is not guaranteed. HIPAA permits denials in specified circumstances, and a disagreement with a clinical judgment does not automatically mean the original entry must be rewritten. If the entity agrees, it amends information it created and takes required steps to notify relevant parties. Most amendment requests should be handled within 60 days. One additional 30-day extension is possible if the entity gives a reason. ONC’s rights guide describes these deadlines and options.
If the amendment request is denied
You can submit a written statement of disagreement for association with the record. It preserves your perspective; it does not erase the original entry. ONC explains: “If you and your health provider or health plan do not agree that an amendment is necessary, you still have the right to have your disagreement noted in your record.” See Your Health Information Rights.
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Ask the organization how it handles statements of disagreement and whether it will include the statement, its denial, or both with later disclosures. Keep a copy of what you submit and the organization’s response.
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What to do if a request is delayed or blocked
- Follow up in writing. Restate what you requested and when, ask whether the organization needs anything to verify your identity or clarify the scope, and request a status update and expected completion date.
- Use the organization’s complaint process. Send a concise account with the request, proof of submission, responses, and relevant dates to the provider’s or insurer’s complaint or privacy contact.
- Consider an external complaint. ONC identifies HHS’s Office for Civil Rights and a state attorney general as possible routes when you cannot exercise your rights. Check their current complaint instructions and any state-specific rules. ONC lists these options in Your Health Information Rights.
Access request vs. amendment request
| Request | Purpose | Typical response period | What it can achieve |
|---|---|---|---|
| Access request | Obtain or inspect existing information in a covered entity’s designated record set. | Generally 30 days; up to 60 days when information is not maintained or accessible on-site, with one additional 30-day extension under the stated conditions. | A copy or opportunity to inspect; it does not itself change the record. |
| Amendment request | Ask the entity maintaining information you believe is inaccurate or incomplete to amend it. | Most should be handled within 60 days, with a possible additional 30-day extension if the entity gives a reason. | An amendment if granted, or the opportunity to associate a statement of disagreement if denied. |
The periods and outcomes above are described in HHS OCR’s access guidance and ONC’s patient rights guide. HHS notes that its Your Medical Records guidance is effective only to the extent consistent with the January 23, 2020 Ciox Health court order.
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