# Can I get my own medical records? **URL:** \ **Category:** Factual Questions\ **Created:** [February 25, 2005, 10:46pm UTC](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944 "2005-02-25T22:46:17Z")\ **Posts on this page:** 10\ **Page:** 2
**Author:** ![RM\_Mentock](https://avatars.discourse-cdn.com/v4/letter/r/e274bd/32.png) [@RM\_Mentock](https://boards.straightdope.com/u/RM_Mentock)\ **Post date:** [February 26, 2005, 10:26pm UTC](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944/21 "2005-02-26T22:26:25Z")
> [@MsRobyn](#): > > Wanna bet? [HIPAA](http://www.hhs.gov/ocr/hipaa/consumer_summary.pdf) [says](http://www.hhs.gov/ocr/hipaa/consumer_rights.pdf) [otherwise](http://www.physicianspractice.com/index.cfm?method=parent&submethod=details&article_id=621&r=). Sure, if you’re planning on using those links for justification. I was able to see all three, but I didn’t find anything that contradicted **trublmakr** –in fact, the last one pretty much supported them, since it said that medical records should never be erased or destroyed, even when they are in error, but that a new record should be made with the corrections. The patient is allowed to have copies of the records (most times), but the doctor is obligated by law to retain or arrange for the retention of the records, for a long time. ---
**Author:** ![uglybeech](https://avatars.discourse-cdn.com/v4/letter/u/82dd89/32.png) [@uglybeech](https://boards.straightdope.com/u/uglybeech)\ **Post date:** [February 27, 2005, 1:05am UTC](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944/22 "2005-02-27T01:05:42Z")
> [@MsRobyn](#): > > Wanna bet? [HIPAA](http://www.hhs.gov/ocr/hipaa/consumer_summary.pdf) [says](http://www.hhs.gov/ocr/hipaa/consumer_rights.pdf) [otherwise](http://www.physicianspractice.com/index.cfm?method=parent&submethod=details&article_id=621&r=). > > The patient does, in fact, have unfettered access to his information, with or without your docs’ say-so. Wow, it’s true. Your cites totally support everything trublmaker and I said. Thanks for providing them. And they also point out just how fettered your access is. Health care providers have 30 days to respond to the request (which is what i said). And it is definitely only WITH the provider’s say-so - i.e. they’ll be reviewing the record first. > [@MsRobyn](#): > > uglybeech’s post was worded in such a way that the patient was never allowed to make corrections. That is very clearly not the case, and it’s federal law, not her docs, that say so. I’d appreciate your not just making things up. This is what I actually said: > [@uglybeech](#): > > The patient in no way owns that information. If they did they could walk in, ask to look at their chart and start writing in it or crossing out things they dont like. They can’t. Not only do I stand by every word I said, I’d like to _re_emphasize it. The only people who will be making changes to your chart is the provider who owns them. You can of course \*request \* any change you like but the provider is only going to change it if they agree. The only obligation that they have in the end is to note your disagreement. ---
**Author:** ![Alice\_The\_Goon](https://avatars.discourse-cdn.com/v4/letter/a/ed8c4c/32.png) [@Alice\_The\_Goon](https://boards.straightdope.com/u/Alice_The_Goon)\ **Post date:** [February 27, 2005, 1:10am UTC](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944/23 "2005-02-27T01:10:39Z")
Just to note, nothing in your chart can ever be “changed”- you or your doctor can only add addendums. ---
**Author:** ![odaran](https://avatars.discourse-cdn.com/v4/letter/o/e0b2c6/32.png) [@odaran](https://boards.straightdope.com/u/odaran)\ **Post date:** [February 27, 2005, 4:51am UTC](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944/24 "2005-02-27T04:51:00Z")
Wow there is a lot of info about this out there. Thanks everyone. Igues my next question would be what are the odds a doctor would have my records from (just got depressed doing the math in my head. I am getting old ☹ ) 12 years ago or would that be too much to ask. I am posting it in this because it is related to my original question. But if it needs a new thread let me know. ---
**Author:** ![Alice\_The\_Goon](https://avatars.discourse-cdn.com/v4/letter/a/ed8c4c/32.png) [@Alice\_The\_Goon](https://boards.straightdope.com/u/Alice_The_Goon)\ **Post date:** [February 27, 2005, 4:53am UTC](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944/25 "2005-02-27T04:53:29Z")
They’re required to keep records for 7 years after you’ve been a patient there last. Some practices may keep them longer, some may not. ---
**Author:** ![pinkfreud](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pinkfreud/32/17603_2.png) [@pinkfreud](https://boards.straightdope.com/u/pinkfreud)\ **Post date:** [February 27, 2005, 4:59am UTC](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944/26 "2005-02-27T04:59:34Z")
> [@odaran](#): > > Igues my next question would be what are the odds a doctor would have my records from (just got depressed doing the math in my head. I am getting old ☹ ) 12 years ago… Depends on the doc. I once went to see a physician 24 years after I had last seen him. Much to my surprise, my file was still there. This doctor kept everything forever. ---
**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\ **Post date:** [February 27, 2005, 4:25pm UTC](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944/27 "2005-02-27T16:25:21Z")
> [@uglybeech](#): > > Wow, it’s true. Your cites totally support everything trublmaker and I said. You and **trblmkr** have to work on the reading comprehension. Shall we review? The OP asks if he can get the information in his medical records so he can give it to his new health care provider. The simple answer to this is “yes”, and the first three replies essentially say this, including my > [@Random](#): > > The information in the records belongs to you. Your docs can charge you a reasonable copying fee. That’s it. But **trblmakr** decides to muddy the waters. > [@trblmakr](#): > > Also, keep in mind that each doctor has the right to keep information from you if they believe that it’s not in your best interest to know it. I don’t know what that would be, but they do. I ask for a cite for this remarkably broad assertion. His “cite” is that he “works in a doctor’s office”. **vivalostwages** replies > [@](#): > > but I still don’t see how you can legally be kept from knowing what’s in your own files. **trbl** responds to this, apparently in contradiction: > [@](#): > > Actually, they’re not YOUR files. They are the property of the doctor’s office. I reply: > [@Random](#): > > You are wrong, trblmakr. As I said before, the patient owns the information in his or her records. I chose my words very carefully. > > Yes, the physical papers belong to the physician. But the physician cannot refuse to give copies to the patient, or otherwise refuse to provide that information to the patient, because the data in the records belongs to the patient. > > If you google “medical records” patient owns, you’ll see numerous cites for this proposition. (I should have cited the HIPAA privacy rules here, but the google links were quicker and easier.) **trblmakr** continues to argue, stating: > [@](#): > > HIPPA [sic] laws were mostly created to protect information that is electronically transmitted. and > [@](#): > > Any requests for medical records must be approved by our physicians. He’s wrong in his implied claims that (a)HIPAA somehow doesn’t apply to non-electronically transmitted medical records; and (b) somehow physicians have broad powers to say yea or nay to patient requests for copies of their records. (I’ll get back to this point later, with appropriate cites.) But lets return to the thread. **Ms.Robyn** posts some generally accurate information and links, and she gets piled on by **trbl** and his partisans. **uglybeech** massively misconstrues HIPAA: > [@](#): > > Wow, it’s true. Your cites totally support everything trublmaker and I said. Thanks for providing them. And they also point out just how fettered your access is. Health care providers have 30 days to respond to the request (which is what i said). And it is definitely only WITH the provider’s say-so - i.e. they’ll be reviewing the record first. Sigh. No. The provider does not have any meaningful “say-so” over whether to provide the information in the records to the patient. In essence, the HIPAA privacy regulations establish that the patient has broad control over what his medical information is used for. The health care provider generally cannot give the patient’s information to anyone, without the patient’s specific authorization. And the health care provider must give the information to the patient if the patient demands it. In other words, the patient controls the use of his information. That’s HIPAA privacy in a nutshell. Yes, as some people keep repeating (as if it’s important somehow) the physical paper that the record is written on belongs to the provider. I acknowleged as much in my first and third replies here. And yes, there are exceptions in the regs. There are certain, very limited disclosures/uses of the medical record information that the provider can do without authorization. (In the interests of time, I’m not going to discuss all of these here, but I’ll link to the regs below.) Also, there are very, very limited exceptions to the mandatory disclosure to the patient rule. The discretion given to the physician is quite limited. Here’s the text of the main exception: > [@](#): > > (3) Reviewable grounds for denial. A covered entity may deny an > individual access, provided that the individual is given a right to have > such denials reviewed, as required by paragraph (a)(4) of this section, in the following circumstances: > (i) A licensed health care professional has determined, in the > exercise of professional judgment, that the access requested is > reasonably likely to endanger the life or physical safety of the > individual or another person; > (ii) The protected health information makes reference to another > person (unless such other person is a health care provider) and a > licensed health care professional has determined, in the exercise of > professional judgment, that the access requested is reasonably likely to > cause substantial harm to such other person; or > (iii) The request for access is made by the individual’s personal > representative and a licensed health care professional has determined, > in the exercise of professional judgment, that the provision of access > to such personal representative is reasonably likely to cause > substantial harm to the individual or another person. For disclosure to be avoided to the patient, the physican must be able to establish (there’s a review process) that the disclosure is likely to cause **bodily harm** , or ( **only** if the records refer to a person other than the patient) **substantial harm**. (Subsection (iii) only applies to requests, not by the patient, but by someone acting on his behalf.) This is a damn narrow exception. So we’re back to the main point. The answer to the OP in just about every normal scenario is yes, you have the right to get your medical information. You, not the provider, control who gets to access your information. For those who want to read the full text of the reg for themselves, a link follows. For those who don’t have the time or inclination, and are trying to decide on who’s interpretation here is likely to be correct, I suggest that a lawyer’s analysis of a complex law might be more reliable than that of a couple medical office clerks. Here’s the link: [http://www.access.gpo.gov/nara/cfr/waisidx\_03/45cfr164\_03.html](http://www.access.gpo.gov/nara/cfr/waisidx_03/45cfr164_03.html) ---
**Author:** ![Alice\_The\_Goon](https://avatars.discourse-cdn.com/v4/letter/a/ed8c4c/32.png) [@Alice\_The\_Goon](https://boards.straightdope.com/u/Alice_The_Goon)\ **Post date:** [February 27, 2005, 5:20pm UTC](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944/28 "2005-02-27T17:20:12Z")
First and foremost, I’m female. Second and lastly, my main point was that the OP should not walk into the office and expect to have his/her records handed to him right then and there. It doesn’t work that way, and I was hoping to spare them a wasted trip. I never implied that HIPPA laws only applied to electronically transmitted records. I’m done with this. ---
**Author:** ![uglybeech](https://avatars.discourse-cdn.com/v4/letter/u/82dd89/32.png) [@uglybeech](https://boards.straightdope.com/u/uglybeech)\ **Post date:** [February 27, 2005, 8:11pm UTC](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944/29 "2005-02-27T20:11:27Z")
[ **Odaran** , I’d just ignore this whole thread and call the doctor’s office and see what they want you to do. Or better yet call the insurance company. ---
**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\ **Post date:** [February 28, 2005, 12:25am UTC](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944/30 "2005-02-28T00:25:06Z")
> [@uglybeech](#): > > [ **Odaran** , I’d just ignore this whole thread and call the doctor’s office and see what they want you to do. Or better yet call the insurance company. Uh-huh. And **Odaran** , if you run into any wilfully ignorant medical clerks (sadly, they appear to be fairly common) who refuse to give you a copy of your medical records, here’s how to file a complaint with the appropriate Federal agency: [http://www.hhs.gov/ocr/privacyhowtofile.htm](http://www.hhs.gov/ocr/privacyhowtofile.htm) [Previous page](https://boards.straightdope.com/t/can-i-get-my-own-medical-records/291944.md?page=1)