Requesting Medical Records
Know Your Rights with HIPAA:
HIPAA entitles every person the right to access his or her medical records, receive copies of them, request amendments to them, and know who has seen them. After a provider receives a patient’s written request, the records must be granted within 30 days. In the event that more time is required, a provider must provide an explanation within the 30-day time period and the patient must be granted access to his medical record within 60 days.
“Under the HIPAA Privacy Rule, a covered entity must act on an individual’s request for access no later than 30 calendar days after receipt of the request.” – US Department of Health & Human Services
The Office of Civil Rights (OCR), which administers HIPAA, has information on Your Health Information Privacy Rights:
“The Health Insurance Portability and Accountability Act of 1996 (HIPAA), gives you rights over your health information, including the right to get copy of your information, make sure it is correct, and know who has seen it.”
It is a Federal Civil Rights and HIPAA Violation to refuse to give them to a patient.
Please note, federal law (HIPAA) allows you access to your records, but state laws affect medical record retention, legal timeframe to access records after a request (some state laws are shorter than the 30 days required by HIPAA), and copying fees.
Obtaining Medical Records:
1. Written Request & ID – Contact a health provider and request to complete an “authorization for disclosure of protected information form.” Send a written request for a release of all your medical records in their entirety along with a valid government issued photo ID. Provide as much information as possible on the authorization form, such as: “Please release all my medical records in their entirety, including all blood work, lab reports, notes, prescriptions, every written and electronic record by Dr.___, anesthesiologist, nurses, etc. who have been part of my health care.”
2. Legal Timeframe – After the receipt of the written request, the health care provider has a legal timeframe that varies with state on how long they have to provide you/allow you to access the records. Please note, HIPAA does allow a single 30-day extension, but the facility must explain the cause of the delay.
3. HIPAA – If the health care provider gives reasons why they can not, provide them with a copy of Your Health Information Privacy Rights. Many medical offices don’t understand the law. You may mention that you know about HIPAA and that you are entitled to your record, and ask who should you talk to (nicely).
4. Action – If for some reason they go past the allotted time that the healthcare provider’s state has to provide you access to your medical records, then you have the option to file state and federal complaints – with the state’s medical board and with the federal Office of Civil Rights (OCR). Resources: How to file a complaint with OCR, the Complaint Portal for filing online, or file by email [email protected].
If a health care provider, such as a plastic surgeon or lab, makes it difficult to obtain your medical file, know you are legally entitled to your medical records. It is a Federal Civil Rights and HIPAA Violation to refuse to give them to a patient.
What happens to records if a medical practice closes? See here.
For more information and for comments on the experiences of others, please refer to Dave de Bronkart’s (epatientdave) page as an excellent resource on the matter. At times he also reaches out to twitter to help individuals gather information. Additionally, please refer to the HIPAA fact sheet.
You can also comment below on this page for questions or to share your experience with obtaining medical records.
I can’t find the Doctor that did my Brest in 2000 Dr Hal Benvnuie in Arkansas my left breast leaking and I can’t afford to pay for a Brest implants I need to get my medical records of my Brest implants from 2000
Two months ago, I asked for my medical records. They asked why I wanted them. Two days ago, I had to again, ask for my records. They asked which records I wanted. When I told them “all of them”, they haven’t responded since. This is getting old. Am I wrong for feeling like they are trying to dodge my request?
Hello I’ was in a study at Emory University in 2003. For silicone breast implants. I had surgery 3 weeks ago at Emory to find out they ruptured. My surgeon said it’s the worst case they had ever seen that I need to find a lawyer. The crazy thing is they has lost my records from the study so has mentor. HELP. Is there anything I can do. Thank you. Brooke Ward
My Dr. office has closed and he has passed. Has anyone had any luck on finding info. I’m assuming I will just have to find out at surgery and hope they are under warranty. 🙁
Trying to find Dr. Dennis Nigro medical records for my breast implants . I have a ruptured & need information for removal & replacement
Hi, I’m experiencing the EXACT same thing! Different Doctor. But I was wondering if you found anything out yet? Maybe it could help point me in the right direction.
Hi Wendy, I’m in the same position with the same doctor. Did you have any luck with finding his records? Thanks
Trying to find out if you had any luck tracking down Dr.Dennis Nigro records
Hi, Would you be able to provide any info. on obtaining Op Report from explantation? Tried unsuccessfully to obtain it after surgery.
The office kept ignoring all my requests including written. The office closed a year later closed surgeon died. (Dr. Frank Ryan in Beverly Hills, CA).
Did not have capsules removed and now requiring another surgery. I’d love to be able to recover my report. Esp. since I had textured saline
with faulty valves. My implants were sent to Dr. Blais.
Tried the links listed above and none work. Thank you!!
Hi. I’m confused. So I called my cosmetic surgeons office Last Friday and asked for some medical record info. I told her I had surgery in 1998 and then again in 1999 and she said I would hear from someone by Tuesday. Today I called and she said that because my surgery was 1999 they no longer have the records. So in Texas its only 7 years but if I send a letter in writing does that change things? All I want to know is what kind of breast implant is inside my body. That’s all.
LMK your thoughts. Any info will be helpful.
Thanks
Angi
Hello. I am interested in receiving any information regarding any class action lawsuits related to Breast Implant Illness and the Bill Congress may pass regarding The Medical Devise Safety Act H.R. 2164
I just found out that the surgeon who performed my surgery, Dr. Steven Zax in Beverly Hills, CA, died last year and his office closed and disconnected the phone. How do I get my medical records from him? Or does it not matter because it was in 2002? There is silicone in my lymph nodes and need to have them removed. Thank you!
Hi Amy – Dr. Zax was also my doctor. Did you ever find out how to obtain your medical records? Thanks for your help!
My surgery was over 20 years ago. I do not have any paperwork on my implants, the surgeon has retired and I can’t find the practice anywhere online. How would you suggest I go about obtaining my records or at least finding out what kind of implants I have? Many thanks
Hi Shannan,
Explantation may be the best way to get a hold of the implants so that you can see the type (saline or silicone), surface, (smooth or textured), and potentially the brand (if there are any marks or labels). Dr. Pierre Blais in Canada is the expert at analyzing implants and might be able to help in determining what kind they are, but he is currently backlogged and not accepting any new implants. After explant you can try to contact or email him pictures and see if he responds.
Shannan I just did a search for the same reason. Did you have any luck in finding out?
My plastic surgeon will not send my medical records and I have BII .. I have had my primary care physician request them 5 times.. I have surgery on January 8th.. Thanks so much
Hi April,
HIPAA is a federal law that requires your surgeon to release your medical records to you within 30 days of your written request. “In the event that more time is required before the health information is released, the covered entity must give an explanation of the delay within that 30-day time frame, and the patient must be granted access to his medical record within 60 days.” (link)
However, state laws affect the timeframe of:
1) How long the surgeon has to keep the records for (medical records retention)
2) How long a provider must grant a medical record after a written request (a state’s legal timeframe to access records after a request, which some states may have a shorter deadline than the 30 days required by HIPPA).
Check the surgeon’s state’s medical records retention timeframe and if he is within it then he is required by law to still have the records. You can then check if he has passed that state’s legal timeframe to give them to you or alternatively if he has passed the required HIPPA’s 30 days deadline to grant them to you since the date of your first written request. If this is the case, then you can email him that failing to give patients prompt access to their health records violates the HIPPA Privacy Rule and that is a federal violation. If the surgeon still refuses, then you have the option to file state and federal complaints (please refer to section 4. Action).