fbpx

Access to Medical Records State Laws

State laws may provide additional rights and benefits to individuals coping with cancer. Various laws related to employment, disability insurancehealth insuranceCOVID-19accessing medical recordsestate-planningother cancer-related state laws, and immigration are included below. We also have a chart of state laws on creating a will that can be found here. Please note that this information changes frequently, so check back for up-to-date information.

This chart includes the state laws related to accessing medical records.

StateAccess to medical records statuteMedical Records Additional laws?Does the state require a provider to keep/retain a copy of the medical records file for a certain period of time?Does the state limit what a provider can charge a patient for a copy of their medical records?Does the state lay out a specific time period the provider has to provide the medical records to the patient?How does the patient have to make the request for the copy of the medical records?Anything else important for a patient to know?
ALABAMAxhttp://www.alabamaadministrativecode.state.al.us/docs/mexam/540-X-9.pdfHospitals must keep medical records for at least 5 years, while doctors are advised to keep them for 10.Doctors and hospitals are allowed to charge patients no more than $1 per page for the first 25 pages and $0.50 per page for pages 26+.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records. State law allows providers to charge patients a $5 search fee, but the HIPAA privacy rule prohibits this type of fee.
ALASKAxhttps://law.justia.com/codes/alaska/2016/title-18/chapter-18.23/article-01/section-18.23.005/Hospitals must keep patients’ records for 7 years after patients are discharged. Hospitals must keep records of patients under 19 either until the patient is 21 or 7 years after discharge, whichever is longer. X-rays must be kept for 5 years.No, but the federal HIPAA privacy rule stipulates that providers can charge reasonable, cost-based fees (including the cost of supplies, labor, and postage).No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Providers cannot charge patients fees for requesting to look at their medical records.
ARIZONAxhttps://legiscan.com/AZ/text/SB1169/id/1868684xhttps://www.azleg.gov/ars/12/02293.htm§Adults’ medical records must be retained by health care providers for 6 years, while children’s’ medical records must be retained until they reach the age of 21 or for 6 years, whichever is longer.If the medical record must be obtained for a patient to receive care, the provider may not charge patients for the records. If the records are not required for care, the provider may charge a reasonable fee.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients must make written requests.Providers cannot charge patients fees for requesting to look at their medical records.
ARKANSASxhttps://www.armedicalboard.org/Professionals/pdf/act767.pdfHospitals are required to keep x-rays for a minimum of 5 years and other medical records for 10 years after discharge. Minors’ medical records must be kept until patient reaches age 20.Providers can charge up to $1 per page of the first 5 pages of a patient’s medical record and $.25 for any additional pages, plus cost of postage and $5 fee for copying.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients must make written requests.According Section 16-46-106 of the Arkansas Code, if a patients’ provider believes that they should be denied access to their medical records, providers must provide the patient, the patients’ guardian, or lawyer with a written explanation as to how disclosing the information would cause the patient physical harm.
CALIFORNIAxhttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=123110.&lawCode=HSCHospitals must keep adults’ records for 7 years after discharge, and must keep unemancipated minors’ records for at least 7 years or a minimum of 1 year after a minor has reached 18 (whichever is later).Physicians may charge fees at no more than $.25 per page, or $.50 per page for records that are copied from microfilm, plus reasonable clerical costs. If the records are necessary for a claim or appeal related to a public health program, the patient or their representative is entitled to a free copy of the relevant portion of their medical records.Providers must provide the copies within 15 days of receipt of the request.Patients must make written requests.Patients who request to view their medical records are entitled to do so 5 business days after the receipt of the request.
COLORADOxhttps://codes.findlaw.com/co/title-25-health/co-rev-st-sect-25-1-801.htmlHospitals must keep all patients medical records for 10 years after last treatment. Minors records must be kept for 28 years minus their age at the last time they were treated. Doctors must keep adults’ records for 7 years after their last visit, and minors’ records 7 years after their last visit or until they turn 25, whichever comes last.Providers can charge a maximum of $18.53 for the first 10 pages of an individual’s medical record, $.85 for pages 11-40, and $.57 pages 40+, or $1.50 for pages printed on microfilm. Providers can charge patients the actual reproduction costs for each copy of a radiograph, any applicable actual postage and electronic media costs, applicable taxes, and a $10 fee for the certification of the records.In most cases, Colorado health care facilities must provide copies of medical records within 10 business days of receiving a signed request.Requests should be signed by patients.Current patients requesting to inspect their medical records are entitled to do so within 24 hours of their request (excluding weekends and holidays). The state’s Laura Hershey Disability-Benefit Support Act entitles third parties to one free copy of the patients’ record for the application process or for an appeal or reapplication when required by a disability benefits administrator.https://law.justia.com/codes/colorado/2016/title-24/principal-departments/article-30/part-22/
CONNECTICUTxhttps://www.cga.ct.gov/current/pub/chap_055.htmProviders must retain a patient's medical records for 7 years after their last treatment, or 3 years from the patient's death.Providers can charge up to $.45 per page, including research fees, handling fees or related costs, and first class postage. Health institutions can charge up to $.65. The provider can charge a patient for the costs of materials for providing a copy of an x-ray. If a health record is necessary to support a Social Security claim or appeal, the provider cannot charge patients for the record.30 days after receiving a written request.Patients must request copies in writing.Under Act sHB5701, it is the responsibility of the provider or surviving responsible relative or executor to inform his/her patients when a health care provider dies or retires.
DELAWARExhttps://delcode.delaware.gov/title24/c017/sc05/index.shtmlDoctors must retain medical records for 7 years after the last entry date of a patients record, and hospitals must retain them for 5 years.No, but the federal HIPAA privacy rule stipulates that providers can charge reasonable, cost-based fees (including the cost of supplies, labor, and postage).No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
FLORIDADoctors must retain medical records for 5 years after their last contact with a patient, and public hospitals must retain records for 7 years after patient discharge.Doctors and chiropractors may charge a maximum of $1 per page for first 25 pages and $.25 per page for any additional pages. Hospitals may charge a maximum of $1 per page for paper copies and a maximum of $2 per copy for nonpaper records. Health care providers can charge patients for postage as well.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should make written requests.Patients may not be charged if someone searches for their medical records.
GEORGIAxhttp://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0456/Sections/0456.057.htmlPhysicians must retain records for 10 years.Providers can charge patients $.75 per page for the first 20 pages, $.65 per page for pages 21-100, and $.50 for pages 100+.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should make written requests.Providers who have sold their practice or retired and have notified patients and offered to provide the patient’s record to another provider of the patient’s choice or the patient themselves do not have to retain medical records.
HAWAIIxhttps://www.mag.org/georgia/Public/Resources/Medical_Records.aspxProviders must retain medical records for a minimum of 7 years after information was entered, and for minors, until they turn 25.Providers can charge reasonable, cost-based fees (including the cost of supplies, labor, and postage).No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records. Haw. Admin. Rules (HAR) § 11-93-21 stipulate patient’s rights to their medical records.https://health.hawaii.gov/opppd/files/2015/06/11-93.pdf#page=29
IDAHOxhttps://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0092F/HRS_0092F-0021.htmHospitals must keep clinical laboratory test records and reports for at least 5 yearsNo, but the federal HIPAA privacy rule stipulates that providers can charge reasonable, cost-based fees (including the cost of supplies, labor, and postage).No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
ILLINOISHospitals must keep medical records for a minimum of 10 years.Health care providers can charge between $.29 and $.86 per page for paper copies, depending on the number of pages copied. Copies made from microfilm can cost $1.43 per page. Health providers can also charge patients for postage.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
INDIANAxhttp://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K8-2001Health care providers must keep medical records for a minimum of 7 years after the date the record was made, and must keep x-ray film for 5 years or more.Providers can charge patients $1 per page for pages 1-10, $.50 per page for pages 11-50, and $.25 per page for pages 51+. Additionally, providers can charge a $10 fee for providing copies within 2 working days, and up to $20 for labor.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients must make written requests.The state law mandates that providers give patients their records within “reasonable time,” but does not define the term further.
IOWAxhttp://iga.in.gov/legislative/laws/2018/ic/titles/016/Iowa doctors must keep patients’ medical records for 7 years after their last treatmentNo, but the federal HIPAA privacy rule stipulates that providers can charge reasonable, cost-based fees (including the cost of supplies, labor, and postage).No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.State law stipulates that patients should receive records in a “timely manner” but does not designate a time period.
KANSASxhttps://www.legis.iowa.gov/docs/iac/rule/653.13.7.pdfPhysicians must keep medical records for 10 years after the patients’ last treatment and hospitals must keep records for 10 years after the patients’ last discharge. For minors, hospitals must keep records for either 10 years or 1 year after the minor comes of age, whichever comes last.As of 2012, providers may not charge more than $18.97 for supplies and labor, plus $.63 per page for the first 250 pages, and $.45 per subsequent page.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
KENTUCKYxhttp://www.ksbha.org/statutes/booklets/Statute_and_Regulation_Handbook.pdfNo.No, but the federal HIPAA privacy rule stipulates that providers can charge reasonable, cost-based fees (including the cost of supplies, labor, and postage).No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
LOUISIANAPhysicians and dentists must keep patients’ records for 6 years from the last date of treatment, and requires hospitals to keep records for 10 years from the last date a patient was discharged. Physicians and dentists must keep X-ray films, and similar recordings for 3 years.Providers can charge no more than $1 per page for the first 25 pages, 50 cents per page for pages 26-500, and 25 cents per page for pages 501+. Copying fees for digital records may not exceed $100, including postage and handling charges.Yes, within 15 days of their request and fee payment.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
MAINE xhttp://legis.la.gov/Legis/Law.aspx?d=964709xhttp://legis.la.gov/Legis/Law.aspx?d=98081Maine hospitals must keep medical records for 7 years or more, and must keep minor’s records until they turn 24Providers can charge no more than $10 for the first page of a patient’s record and $.35 for each additional page.Yes, hospitals and providers must grant patients access to their medical records within 21 days of their request.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
MARYLANDxhttp://www.mainelegislature.org/legis/statutes/22/title22sec1711.htmlxhttp://www.mainelegislature.org/legis/statutes/22/title22sec1711-B.htmlHealthcare providers must retain a patient's medical bills, laboratory reports and X-rays for 5years after the record was created. Minor’s medical records must be kept until the patient turns 21 or for 5 years after the record was made.Providers cannot charge more than $.76 per page, plus actual shipping and handling costs.Yes, within 21 days of their request.Patients should make written requests.Patients may not be charged if someone searches for their medical records.
MASSACHUSETTSxhttps://law.justia.com/codes/maryland/2016/health-general/title-4/subtitle-3/section-4-309/Doctors must keep medical records for at least 7 years from the date of the patient’s last visit, and must keep minor’s records for 7 years or until they turn 9, whichever is longer.Providers can charge patients $.50 per page for the first 100 pages, and $.25 for any subsequent pages.MA law does not define “reasonable time” and in a “timely manner,” but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Doctors obligation to fulfill requests for patients records in a “timely manner” may follow the Board of Registration in Medicine’s guidelines, which usually consider 14-21 days to be a reasonable response time.
MICHIGANxhttps://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section70Exhttps://www.mass.gov/files/documents/2017/10/23/243cmr2.pdfNo.Providers can charge $1 per page for pages 1-20, $.50 for pages 21-50, and $.20 for pages 51+.Yes, within 30 days of receiving the request.Patients should consult their health care providers.Michigan’s law only applies to health care providers under the law’s definition, which excludes psychiatrists, psychologists, social workers, and professional counselors who provide only mental health services.
MINNESOTAxhttp://www.legislature.mi.gov/(S(ry1vg2iwqthumn3qslvsk2az))/mileg.aspx?page=GetObject&objectname=mcl-333-26265Elements of a patient’s medical record including records pertaining to case history, physical examinations and daily hospital activities must be kept indefinitely, but other elements may be discarded after 7 years. Minors medical records must be kept until they are 26.The Minnesota Department of Health sets a maximum cost per page annually.State law requires providers to “promptly furnish” records, which generally means within 30 days.Patients should make written requests.Patients may not be charged if someone searches for their medical records.
MISSISSIPPIxhttps://www.revisor.mn.gov/statutes/cite/144.292Yes, hospitals must keep medical records for at least 10 years after the discharge of an adult patient and 28 years for minor patients.Providers cannot charge more than $20 for pages 1-20; $1 per page for the next 80 pages, and $0.50 per page for all subsequent pagesYes, within 30 days of receiving the request.Patients should make written requestsPatients may not be charged if someone searches for their medical records.
MISSOURIxhttps://www.sos.ms.gov/ACCode/00000291c.pdfYes, doctors must keep patients’ medical records for at least 7 years after their last treatment date. Hospitals must retain adult patients’ records for 10 years and minors’ records for 10 years or until they reach the age of 23, whichever is longer.Providers can charge no more than $17.77 for copying a patients’ medical record, plus $.42 per page for the cost of supplies and labor.Although the law does not define "reasonable amount of time,” 30 days is generally considered reasonable.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records. Also, the Missouri Department of Health and Senior Services adjusts the maximum fee providers can charge annually.
MONTANAxhttp://revisor.mo.gov/main/Home.aspxPatients’ full medical records must be retained by hospitals for 10 years after patients’ discharge and core records must be retained 20 years. Minors’ records must be kept until the patient turns 28.Providers cannot charge patients more than $.50 per page.Yes, no later than 10 days after receiving a written request.Patients should make written requestsPatients may not be charged if someone searches for their medical records.
NEBRASKAxhttps://leg.mt.gov/bills/mca/50/16/50-16-541.htmHospitals must keep adult patients’ records for 10 years after their last discharge, and they must keep minors’ records for 10 years or until they turn 21, whichever is longer.Providers can charge up to $.50 per page, plus the actual cost of postage.Yes, patients are entitled to view their medical records within 10 days of requesting to do so and to receive copies of their records within 30 days of their request.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
NEVADAxhttps://nebraskalegislature.gov/laws/statutes.php?statute=71-8403Providers must keep patients records for 5 years after their last treatment.Providers cannot charge more than $.60 per page for photocopies, plus the actual cost of postage.Patients can view their health care records within 5 working days of receiving the request, and providers should give patients copies of the records 30 days after receiving the request.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
NEW HAMPSHIRExhttps://www.leg.state.nv.us/NRS/NRS-629.htmlDoctors must keep a copies of patients’ medical records for at least 7 years after their last visit.Providers can charge $15 for the first 30 pages or $.50 per page, whichever is greater.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
NEW JERSEYxhttp://www.gencourt.state.nh.us/rsa/html/XI/151/151-21.htmxhttp://www.gencourt.state.nh.us/rsa/html/XXX/332-I/332-I-1.htmHospitals must keep patients’ records for at least 10 years after the date they were discharged or until minors reach the age of 23, while doctors must keep records for 7 years from the last date they updated the medical record.Health care professionals may not charge more than $1 per page or $100 for the entire medical record, whichever is less. Hospitals may not charge more than $200 for the entire medical record: $1 per page for the first 100 pages, and $.25 for any subsequent pages.Yes, patients must be able to view their medical records promptly and to obtain records and summaries within 30 days of written requests.Patients should make written requestsPatients may not be charged if someone searches for their medical records.
NEW MEXICOxhttps://advance.lexis.com/container?config=00JAA5OTY5MTdjZi1lMzYxLTQxNTEtOWFkNi0xMmU5ZTViODQ2M2MKAFBvZENhdGFsb2coFSYEAfv22IKqMT9DIHrf&crid=87d08bf9-7628-4101-859c-f01cc3b313dexhttps://advance.lexis.com/container?config=00JAA5OTY5MTdjZi1lMzYxLTQxNTEtOWFkNi0xMmU5ZTViODQ2M2MKAFBvZENhdGFsb2coFSYEAfv22IKqMT9DIHrf&crid=2707bf98-3b7a-46e4-afa1-7670b70d1f2e&prid=ad1bc016-de0f-4fff-9d05-5f64ff62e93eHospitals must keep adults’ medical records for 10 years after their last treatment and must keep minors’ records until they turn 19.Providers cannot charge more than $15 for the first 15 pages, and $.10 per page for additional pages.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records and the New Mexico Medical Board routinely reviews the allowed costs of copies of medical records.
NEW YORKxhttp://www.healthinfolaw.org/node/3147/xhttp://www.healthinfolaw.org/node/3148/Doctors must keep patients records for 6 years, and in the case of a minor, for 6 years or until they turn 18 (whichever is longer).Providers can charge up to $.75 per page for paper copies, plus the cost of postage.Patients can view their medical records within 10 days of a written request and receive copies within 30 days.Patients should make written requestsPatients may not be charged if someone searches for their medical records.
NORTH CAROLINAxhttps://codes.findlaw.com/ny/public-health-law/pbh-sect-18.htmlHospitals must keep adult patients’ records for 11 years after the their discharge, and for minor patients, until they turn 30.No, but the federal HIPAA privacy rule stipulates that providers can charge reasonable, cost-based fees (including the cost of supplies, labor, and postage).No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
NORTH DAKOTAxhttp://www.healthinfolaw.org/state-law/10a-nc-admin-code-§-13b3903-policies-and-procedures-under-department-health-and-human-servHospitals must keep adults’ records for 10 years after their last discharge, and must keep minors’ records for either 10 years or until they turn 21, whichever is longer.Providers can charge patients up to $20 for the first 25 pages and $.75 per page for each additional page, including the price of postage.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
OHIOxhttps://www.legis.nd.gov/cencode/t23c12.pdf?20130226180832No set rule.Providers can charge $2.50 per page for the first ten pages, $.50 per page for pages 11-50, and $.20 for pages 51+.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
OKLAHOMAxhttp://codes.ohio.gov/orc/3798.03xhttp://codes.ohio.gov/orc/3701.74Oklahoma hospitals must retain adult patients’ medical records for at least 5 years after their last treatment and must retain minors’ records for 5years or until the individual turns 21, whichever comes last.Providers may not charge more than $1 for the record’s first page and $.50 for each additional page.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
OREGONxhttp://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439160Yes, hospitals must keep medical records for at least 10 years after the date patients are discharged.Providers cannot charge more than $25 for a patient’s first ten pages and $.25 per page for each additional page.State law requires physicians to furnish patients with copies within 30 days of their request.Patients should consult their health care providers.The Oregon Medical Association advises doctors in private practice to keep patients medical records for a minimum of 10 years. Also, patients may not be charged if someone searches for their medical records.
PENNSYLVANIAxhttps://www.oregonlaws.org/ors/192.553xhttps://sos.oregon.gov/archives/pages/default.aspx?utm_source=SOS&utm_medium=egov_redirect&utm_campaign=http%3A//arcweb.sos.state.or.usDoctors must keep adult patients’ medical records for a minimum of 7 years after their last treatment date and minors’ medical records for 7 years or 1 year after the minor comes of age, whichever is longer. Hospitals must keep adults’ medical records for 7 years and minors’ records for 7 years or 7 years after they come of age, whichever is longer.Providers can charge $1.55 for pages 1-20, $1.15 for pages 21-60, and $.39 per page for pages 61+. Providers can also charge patients the actual cost of postage. If patients are requesting medical records to support a claim for public benefits, providers cannot charge more than $23.49 to copy the records.The state does not define "reasonable time,” but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extensionPatients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
RHODE ISLANDxhttps://www.pacode.com/secure/data/028/chapter115/s115.29.htmlxhttps://www.pacode.com/secure/data/049/chapter25/s25.213.htmlPhysicians and hospitals must keep adult patients’ medical records for 5 years and must keep minors’ medical records until they turn 23 or for 5 years, whichever is longerProviders can charge $.25 per page for the first 100 pages of a patients’ record, then $.10 for any additional pages. Hospitals can charge a fee for supplies and labor, as well as the cost of postageYes, within 30 days.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
SOUTH CAROLINAxhttps://rules.sos.ri.gov/organizationsxhttp://www.healthinfolaw.org/node/3168/Doctors and hospitals must keep adults’ medical records for 10 years after their last treatment, and doctors must keep minors’ medical records for 13 years after their last treatment.Providers cannot charge more than $.65 per page for pages 1-30 and $.50 a page for pages 31+.Yes, 45 days. However, under federal law, providers are required to give patients their records within 30 days.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
SOUTH DAKOTAHospitals must keep adults’ medical records for 10 years after their last treatment and minors’ records for 10 years or until they turn 20, whichever is later.No, but the federal HIPAA privacy rule stipulates that providers can charge reasonable, cost-based fees (including the cost of supplies, labor, and postage).No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
TENNESSEExhttps://www.scstatehouse.gov/code/t44c007.phpDoctors must keep adult patients’ records for 10 years after their last professional contact, and must keep minors’ records until they turn 19 or for 10 years, whichever is longer.Providers cannot charge patients more than $20 for copying the first 40 pages and $.25 for any additional pages.Yes, health care providers must furnish patients with copies within 10 working days, and hospitals must do so within 30 days.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
TEXASxhttp://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=36-2-16Yes, 7 years after a patients’ last treatment date.Providers cannot charge more than $25 for the first 20 pages and $.50 per page for every additional page.Yes, within 15 days of receiving a written request.Patients should make written requests.Physicians may not charge patients for copies of their medical records if they are needed to support a public benefits claim. Also, patients may not be charged if someone searches for their medical records.
UTAHxhttps://advance.lexis.com/container?config=014CJAA5ZGVhZjA3NS02MmMzLTRlZWQtOGJjNC00YzQ1MmZlNzc2YWYKAFBvZENhdGFsb2e9zYpNUjTRaIWVfyrur9ud&crid=a95198c2-dcca-41d9-94d5-6b35a9fad003&prid=cd64f307-d573-4893-b00b-15a6008e7687xhttps://advance.lexis.com/container?config=014CJAA5ZGVhZjA3NS02MmMzLTRlZWQtOGJjNC00YzQ1MmZlNzc2YWYKAFBvZENhdGFsb2e9zYpNUjTRaIWVfyrur9ud&crid=38b6f141-83a3-4ce3-9418-93079fefeecfYes, hospitals must keep adult patients’ records for 7 years and must keep minors’ records until they turn 22 or for 7 years, whichever is longer.No, but the federal HIPAA privacy rule stipulates that providers can charge reasonable, cost-based fees (including the cost of supplies, labor, and postage).No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
VERMONTxhttps://statutes.capitol.texas.gov/Docs/HS/htm/HS.241.htmxhttps://statutes.capitol.texas.gov/Docs/HS/htm/HS.181.htmHospitals must keep professional case records for 10 years.Hospitals can charge patients a flat fee of $5 or $.50 per page, whichever is greater.No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should consult their health care providers.Patients may not be charged if someone searches for their medical records.
VIRGINIAxhttps://le.utah.gov/xcode/Title78B/Chapter5/78B-5-S618.htmlYes, physicians must keep adults’ medical records for 7 years and must keep minors’ records for 7 years or until the minor turns 18, whichever is longerFor paper copies, providers can charge $.50 per page for the first 50 pages, $.25 for additional pages, and any postage and shipping costs. Providers can charge $.37 per page for the first 50 pages of an electronic copy and $.18 for any additional pages, as well as any shipping and postage costs.Yes, within 15 daysPatients should make written requests.Patients may not be charged if someone searches for their medical records.
WASHINGTONxhttps://legislature.vermont.gov/statutes/section/26/023/01354Hospitals must keep adult patients’ medical records for 10 years after their discharge and must keep minors’ records either until they turn 21 or for 10 years, whichever is longer.Providers cannot charge patients more than $1.17 per page for the first 30 pages and no more than $.88 for any additional pages.Yes, within 15 days.Patients should make written requests.Patients may not be charged if someone searches for their medical records.
WEST VIRGINIAxhttps://casetext.com/statute/code-of-virginia/title-321-health/chapter-5-regulation-of-medical-care-facilities-and-services/section-321-127103-health-records-privacy?ct_exp_group_COLD_DOCUMENT_LAND=SIMPLIFIED_DOCUMENT_PAGE&PRICING_PAGE_GROUP=S&ct_spg=c&PDF_DOWNLOAD_GROUP=C&PDF_DOWNLOAD_LANDING_PAGE_GROUP=P&NEW_LEARN_MORE=Cxhttps://law.lis.virginia.gov/vacode/title54.1/chapter24/section54.1-2403.3/Hospitals must keep medical records for 5 years after a patient’s last treatment.Providers cannot charge patients more than $.75 per pageWest Virginia law does not define "reasonable time," but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extensionPatients should make written requests.Patients may not be charged if someone searches for their medical records.
WISCONSINxhttps://apps.leg.wa.gov/rcw/default.aspx?cite=70.02.080Doctors and hospitals must keep patients’ records for 5 years after their last treatment.No, but the federal HIPAA privacy rule stipulates that providers can charge reasonable, cost-based fees (including the cost of supplies, labor, and postage).No, but under the federal HIPAA privacy rule, providers must furnish patients with copies within 30 days, or 60 days if records are kept off-site. If the providers cannot either respond or provide the records within this time frame, they can use one 30-day extension.Patients should make written requests.Patients may not be charged if someone searches for their medical records.
WYOMINGxhttp://www.wvlegislature.gov/WVCODE/ChapterEntire.cfm?chap=16&art=29§ion=1Public hospitals must keep adult patients’ medical records for 10 years after their last service was rendered and 10 years after minors reach the age of majority.No, but the federal HIPAA privacy rule stipulates that providers can charge reasonable, cost-based fees (including the cost of supplies, labor, and postage).Yes, within 10 days of receiving the written request.Patients should make written requests.Patients may not be charged if someone searches for their medical records.
xhttps://docs.legis.wisconsin.gov/statutes/statutes/146/83
xhttps://wyoleg.gov/statutes/compress/title35.pdfxhttps://rules.wyo.gov/Search.aspx