This chart highlights the state laws related to accessing medical records, including potential charges to access records, how long a provider needs to keep your records, and more. Check back often, as this chart is updated frequently.
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| State | Access to medical records statute | Medical 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? | |||
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| ALABAMA | x | https://www.albme.gov/resources/licensees/medical-records/ | Records must be retained for at least seven years from the physician’s (and/or other providers within the practice) last professional contact with the patient. Medical records of minors shall be retained for a period of not less than two (2) years after the minor reaches the age of majority or seven (7) years from the date of the physician’s (and/or other providers within his or her practice) last professional contact with the patient, whichever is longer. | 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+. | http://al.elaws.us/code/12-21-6.1 | 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. | 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. | ||
| ALASKA | x | https://casetext.com/regulation/alaska-administrative-code/title-7-health-and-social-services/part-1-administration/chapter-12-facilities-and-local-units/article-12-general-provisions/section-7-aac-12770-medical-record-service | 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 must request copies in writing. | Providers cannot charge patients fees for requesting to look at their medical records. | |||
| ARIZONA | x | https://www.azleg.gov/ars/12/02297.htm | x | https://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 for the reproduction of such records. | https://www.azleg.gov/ars/12/02295.htm | 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. |
| ARKANSAS | x | https://www.armedicalboard.org/Professionals/pdf/act767.pdf | Hospitals 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. | A photocopy of a medical record shall not cost more than fifty cents (50¢) per page for the first twenty-five (25) pages and twenty-five cents (25¢) for each additional page. A labor charge not exceeding $25 maybe charged for each request, or in the alternative, a reasonable retrieval fee for records that do not exist in any electronic format. If the patient or person authorized to request the patient's medical records requests that the medical records be notarized or certified, an additional fee of two dollars ($2.00) may be charged. The actual cost of any postage may be charged. | https://www.armedicalboard.org/Professionals/pdf/act767.pdf | 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. | ||
| CALIFORNIA | x | Cal. Code Regs. Tit. 22, § 72543 https://www.law.cornell.edu/regulations/california/22-CCR-72543 | Hospitals must keep adults’ records for 7 years after discharge (though best practices suggest a minimum of 10 years), 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. | https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=123110.&lawCode=HSC | 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. | ||
| COLORADO | x | https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=5698 | Hospitals 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. | Reasonable fees means an amount not to exceed $18.53 for the first ten pages, $0.85 per page for the next thirty pages, and $0.57 per page for each additional page except if the records are stored on microfilm, $1.50 per page. No limit on actual reproduction costs for each copy of a radiograph. A fee of $10 may be charged for certification. Actual postage and taxes may be charged. | 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. | |||
| CONNECTICUT | x | https://portal.ct.gov/-/media/Departments-and-Agencies/DPH/dph/public_health_code/Sections/19a1440to19a1451MedicalRecordspdf.pdf | Providers 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. | https://portal.ct.gov/DPH/Practitioner-Licensing--Investigations/PLIS/Access-to-Medical-Records | 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. | ||
| DELAWARE | x | https://delcode.delaware.gov/title24/c017/sc05/index.shtml | Doctors must retain medical records for 7 years after the last entry date of a patients record, and hospitals must retain them for 5 years. | Limits apply to both electronic and paper copies: $2.00 per page for pages 1-10; $1.00 per page for pages 11-20; $0.90 per page for pages 21-60; $0.50 per page for pages 61 and aboves (charges may be adjusted to include the cost of supplies, labor, and postage). | https://dpr.delaware.gov/boards/medicalpractice/record_fees/ | 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 submit their request to a Delaware health care provider using a written, signed authorization to release medical records. | Patients may not be charged if someone searches for their medical records. | ||
| FLORIDA | x | http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0456/Sections/0456.057.html | Doctors must retain medical records for 5 years after their last contact with a patient (medical malpractice law requires records to be kept for at least seven years) 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. | https://flboardofmedicine.gov/patient-records-faqs/#:~:text=How%20do%20I%20request%20medical,address%20on%20their%20Practitioner%20Profile). | 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 a written request via certified mail. | Patients may not be charged if someone searches for their medical records. | ||
| GEORGIA | x | https://rules.sos.state.ga.us/gac/111-8-40 | Hospitals must retain all patients' medical records at least until the fifth anniversary of the patients' discharges. If the patient is a minor, the records must be retained for at least five (5) years past the age of majority. | Copies of records shall be provided to patients for a reasonable fee in accordance with applicable laws. | https://rules.sos.state.ga.us/gac/111-8-40 | Copies should be provided within a reasonable time period not to exceed thirty (30) days after the request, unless the patient agrees to a lengthier delivery time. | Patients, or their authorized representative, should make a written request to Provider. | 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. | ||
| HAWAII | x | https://www.capitol.hawaii.gov/hrscurrent/vol13_ch0601-0676/HRS0622/HRS_0622-0058.htm | Providers must retain medical records for a minimum of 7 years after information was entered, and for minors, until they turn 25. | Reasonable costs incurred by a health care provider in making copies of medical records shall be borne by the requesting person. | https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0622/HRS_0622-0057.htm | 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. | ||
| IDAHO | https://legislature.idaho.gov/statutesrules/idstat/title39/t39ch13/sect39-1394/ | Clinical laboratory test records and reports may be destroyed five (5) years after the date of the test recorded or reported therein. X-ray films may be destroyed five (5) years after the date of exposure, or five (5) years after the patient reaches the age of majority, whichever is later. | In paper format they may charge up to: Fifty cents (50¢) per page for the first twenty-five (25) pages and twenty cents (20¢) per page for each additional page. In electronic format, one may be charged up to a flat fee of fifteen (15) dollars. | https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2022/legislation/S1346.pdf | Requests for medical records should be fulfilled within thirty (30) days. | Patients should consult their health care providers. | Patients may not be charged if someone searches for their medical records. | |||
| ILLINOIS | x | https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=021000850K6.17 | Hospitals must keep medical records for a minimum of 10 years. | As of 2024, Handling charge -$34.72 Copy pages 1 through 25 - $1.30 Copy pages 26 through 50- $0.87 Copy pages in excess of 50-$0.43 | https://illinoiscomptroller.gov/state-agencies/accounting/statutorily-required/copying-fees-adjustments | 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. | ||
| INDIANA | x | https://www.ihaconnect.org/Advocacy/Documents/Miscellaneous/Record%20Retention%20Schedule%2010-13.pdf | Health 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. | https://www.law.cornell.edu/regulations/indiana/760-IAC-1-71-3 | 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. | ||
| IOWA | x | https://www.legis.iowa.gov/docs/iac/rule/653.13.7.pdf | Iowa doctors must keep patients’ medical records for 7 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 consult their health care providers. | State law stipulates that patients should receive records in a “timely manner” but does not designate a time period. | |||
| KANSAS | x | guide: https://www.kha-net.org/AboutKHA/KHAGovernance/CorporateCompliance/Legal/Record-Retention-Guide_33053.aspx | No Federal Law, however the Kansas Hospital Retention Guidelines suggest Physicians should 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. | Under HIPAA, a covered entity may impose "reasonable," cost-based fees for copying medical records. The fee may include only the cost of copying (including supplies and labor) and postage, if the patient requests that the copy be mailed | https://kmsonline.org/publications/1831-2013-medical-record-copying-costs | 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. | ||
| KENTUCKY | https://apps.legislature.ky.gov/law/kar/titles/902/020/016/ | Medical records shall be retained for at least 6 years from the date of discharge, or, if a minor, 3 years after the patient reaches the age of majority under state law, whichever is longest. | A hospital or a healthcare provider will provide, without charge to the patient, a copy of the patient's medical record upon request. A copying fee, not to exceed one dollar ($1) per page, may be charged by the healthcare provider for issuing a second copy of the patient's medical record. | https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18145 | 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 and provide a written request. | Patients may not be charged if someone searches for their medical records. | |||
| LOUISIANA | x | http://legis.la.gov/Legis/Law.aspx?d=964709 | x | http://legis.la.gov/Legis/Law.aspx?d=98081 | Physicians 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. | Paper or digital copies shall be provided, not to exceed one dollar per page for the first twenty-five pages, fifty cents per page for twenty-six to three hundred fifty pages, and twenty-five cents per page thereafter. | https://legis.la.gov/Legis/Law.aspx?d=964709 | Yes, within 15 days of their request and fee payment. | Patients should consult their health care providers and provide a written request. | Patients may not be charged if someone searches for their medical records. |
| MAINE | x | https://legislature.maine.gov/statutes/22/title22sec1711.html | Maine hospitals must keep medical records for 7 years or more, and must keep minor’s records until they turn 24 | The charge for paper copies of records may not exceed $5 for the first page and 45¢ for each additional page, up to a maximum of $250 for the entire medical record | https://legislature.maine.gov/statutes/22/title22sec1711-A.html | 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. | ||
| MARYLAND | x | https://health.maryland.gov/mbpme/Pages/records.aspx#retain | Healthcare providers must retain a patient's medical bills, laboratory reports and X-rays for 5 years 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. | https://www.marylandattorneygeneral.gov/Pages/CPD/Tips-Publications/edge88.aspx#:~:text=For%20records%20from%20facilities%20(hospitals,HEAU%2Fdefault.aspx%E2%80%8B | Yes, within 21 days of their request. | Patients should make written requests. | Patients may not be charged if someone searches for their medical records. | ||
| MASSACHUSETTS | x | https://www.mass.gov/info-details/medical-records-obligations | x | https://www.mass.gov/files/documents/2017/10/23/243cmr2.pdf | 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. | Under HIPAA a physician may only charge a “reasonable, cost-based fee,” which can only include the cost of copying. Massachusetts law allows physicians not covered by HIPAA to charge a base fee of $15.00 for each request, as well as a copying charge of $0.50 per page for the first 100 pages, and $0.25 per page in excess of 100. | https://www.mass.gov/info-details/medical-records-obligations#:~:text=Permissible%20Rates%20for%20Copying%20Records&text=Massachusetts%20law%20allows%20physicians%20not,to%20the%20Consumer%20Price%20Index.) | 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. |
| MICHIGAN | x | http://www.legislature.mi.gov/(S(ry1vg2iwqthumn3qslvsk2az))/mileg.aspx?page=GetObject&objectname=mcl-333-26265 | x | https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-333-16213#:~:text=(a)%20Except%20as%20otherwise%20provided,to%20which%20the%20record%20pertains. | Providers must retain medical records for a minimum of 7 years from the date of service to which the record pertains. | Providers can charge $1 per page for pages 1-20, $.50 for pages 21-50, and $.20 for pages 51+. | https://www.michigan.gov/-/media/Project/Websites/mdhhs/Folder2/Folder2/Medical_Records_Access_Act_Fees.pdf?rev=98d5db31eb95455b9a3e68bf7ccd6ab7 | 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. |
| MINNESOTA | x | https://www.revisor.mn.gov/rules/2150.7535/ | Elements 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. | When a patient requests a copy of the patient's record for purposes of reviewing current medical care, the provider must not charge a fee. When a provider or its representative makes copies of patient records upon a patient's request, charges allowed must be no more than 75 cents per page, plus $10 for time spent retrieving and copying the records, unless other law or a rule or contract provide for a lower maximum charge | https://www.revisor.mn.gov/statutes/cite/144.292 | 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. | ||
| MISSISSIPPI | x | https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-9-69/ | Complete hospital records must be retained for a period after discharge of the patient of at least (a) seven (7) years in cases of patients discharged at death, (b) ten (10) years in cases of adult patients of sound mind at the time of discharge. for the period of minority or other known disability of the patient plus seven (7) additional years, but not to exceed twenty-eight (28) years | 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 pages | https://www.sos.ms.gov/ACCode/00000291c.pdf | Yes, within 30 days of receiving the request. | Patients should make written requests | Patients may not be charged if someone searches for their medical records. | ||
| MISSOURI | x | https://revisor.mo.gov/main/OneSection.aspx?section=334.097 | Yes, 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. | The 2024 maximum fees for copying medical records are $28.70 plus $0.66 per page for the cost of labor and supplies for copies provided in paper form and $26.87 for additional costs if records are maintained off-site. The new maximum fees for copying will be $28.70 plus $0.66 per page, or $125.78 total, whichever is less, for copies provided electronically. | https://health.mo.gov/atoz/fees.php | 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. | ||
| MONTANA | x | https://rules.mt.gov/gateway/ruleno.asp?RN=37.106.402 | Patients’ 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. Other health care facilities must retain a patient's, resident's, or client's medical records for no less than six years following the date of the of discharge or death, or upon the closure of the facility. | Providers cannot charge patients more than $.50 per page. | https://leg.mt.gov/bills/mca/title_0500/chapter_0160/part_0080/section_0160/0500-0160-0080-0160.html | Yes, no later than 10 days after receiving a written request. | Patients should make written requests | Patients may not be charged if someone searches for their medical records. | ||
| NEBRASKA | x | https://www.law.cornell.edu/regulations/nebraska/175-Neb-Admin-Code-ch-9-SS-006 | Hospitals 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, and charge no more than twenty dollars as a handling fee. | https://dhhs.ne.gov/licensure/Documents/Medical Records.pdf | 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. | ||
| NEVADA | x | https://www.leg.state.nv.us/NRS/NRS-629.html#NRS629Sec051 | Providers 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. | https://www.leg.state.nv.us/NRS/NRS-629.html | 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 HAMPSHIRE | x | https://www.law.cornell.edu/regulations/new-hampshire/N-H-Admin-Rules-Med-501-2 | x | http://www.gencourt.state.nh.us/rsa/html/XXX/332-I/332-I-1.htm | Doctors 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. | https://www.gencourt.state.nh.us/rsa/html/xxx/332-I/332-I-1.htm | 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 JERSEY | x | N.J. Admin. Code § 11:24-10.5 https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-11-24-10-5 | x | https://advance.lexis.com/container?config=00JAA5OTY5MTdjZi1lMzYxLTQxNTEtOWFkNi0xMmU5ZTViODQ2M2MKAFBvZENhdGFsb2coFSYEAfv22IKqMT9DIHrf&crid=2707bf98-3b7a-46e4-afa1-7670b70d1f2e&prid=ad1bc016-de0f-4fff-9d05-5f64ff62e93e | Hospitals 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. | a search fee of no more than [$10] $20 per request; provided that no search fee shall be charged to a patient who is requesting the patient's own record. | https://pub.njleg.gov/bills/2022/S2500/2253_I1.HTM | 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 requests | Patients may not be charged if someone searches for their medical records. |
| NEW MEXICO | x | https://www.srca.nm.gov/parts/title16/16.010.0017.html | x | http://www.healthinfolaw.org/node/3148/ | Physicians must retain medical records that they own for at least ten (10) years after the date of last treatment. Medical records for patients who are minors must be retained until the date that the patient is twenty-one (21) years old | A reasonable cost-based charge may be made for the cost of duplicating and mailing medical records. "Reasonable" charge is not more than $30 for the first 15 pages, and $0.25 per page thereafter. A health care provider may impose a minimum fee of $10, inclusive of copying costs. | https://srca.nm.gov/parts/title16/16.010.0017.html | 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 YORK | x | https://regs.health.ny.gov/content/section-40510-medical-records - :~:text=(4) Medical records shall be,least six years after death. | 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. | https://regs.health.ny.gov/content/section-50-15-fees-copying-records | Patients can view their medical records within 10 days of a written request and receive copies within 30 days. | Patients should make written requests | Patients may not be charged if someone searches for their medical records. | ||
| NORTH CAROLINA | x | \http://reports.oah.state.nc.us/ncac/title%2010a%20-%20health%20and%20human%20services/chapter%2013%20-%20nc%20medical%20care%20commission/subchapter%20b/10a%20ncac%2013b%20.3903.pdf | Hospitals must keep adult patients’ records for 11 years after the their discharge, and for minor patients, until they turn 30. | The maximum fee for each request can be seventy-five cents (75¢) per page for the first 25 pages, fifty cents (50¢) per page for pages 26 through 100, and twenty-five cents (25¢) for each page in excess of 100 pages. | https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_90/Article_29.pdf | 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 DAKOTA | x | https://www.ndlegis.gov/information/acdata/pdf/33-07-01.1.pdf | Hospitals 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. | https://casetext.com/statute/north-dakota-century-code/title-23-health-and-safety/chapter-23-12-public-health-miscellaneous-provisions/section-23-12-14-copies-of-medical-records-and-medical-bills#:~:text=Cod | 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. | ||
| OHIO | x | https://www.amcno.org/assets/PDFs/Medical Records Fact Sheet AMCNO 2021 %287219761-5x7AB84%29.pdf | x | http://codes.ohio.gov/orc/3701.74 | No set rule, though HIPAA and the Ohio Medicaid rules mandates the retention of records for a period of at least six (6) years after payment of the claim to the provider. | As of 2024: Initial fee for records search: For the first ten pages: $3.77 per page; For pages eleven through fifty: $0.79 per page; For pages fifty-one and higher: $0.31 per page. | https://odh.ohio.gov/home/mrpi | 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. |
| OKLAHOMA | x | https://oklahoma.gov/okdhs/library/policy/current/oac-317/chapter-30/subchapter-3/parts-1/record-retention.html | Oklahoma Health Care Authority Board requires a provider to retain records for a period of six years. | The cost of each copy to a person or personal representative, spouse or responsible family member of such person, is fifty cents ($0.50) for each page. | https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439160 | 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. | ||
| OREGON | x | https://www.oregonlaws.org/ors/192.553 | x | https://sos.oregon.gov/archives/pages/default.aspx?utm_source=SOS&utm_medium=egov_redirect&utm_campaign=http%3A//arcweb.sos.state.or.us | Yes, hospitals must keep medical records for at least 10 years after the date patients are discharged. | No more than $30 for copying 10 or fewer pages of written material, and no more than 50 cents per page for pages 11 through 50, and no more than 25 cents for each additional page | https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=214089 | 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. |
| PENNSYLVANIA | x | https://www.pacode.com/secure/data/028/chapter115/s115.29.html | x | https://www.pacode.com/secure/data/049/chapter25/s25.213.html | Doctors 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, and not exceed the following rates: Pages 1 – 20 at $1.89; Pages 21 – 60 at $1.40; Pages 61 – end $0.49 | https://www.health.pa.gov/topics/Administrative/Pages/Medical-Record-Fees.aspx | 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 extension | Patients should consult their health care providers. | Patients may not be charged if someone searches for their medical records. |
| RHODE ISLAND | x | https://health.ri.gov/medicalrecords/ | x | http://www.healthinfolaw.org/node/3168/ | Physicians 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 longer | The physician can charge the actual cost to reproduce the document plus a reasonable fee for clerical services that cannot be more than $25 | https://health.ri.gov/medicalrecords/about/feesforcopying/ | Yes, within 30 days. | Patients should consult their health care providers. | Patients may not be charged if someone searches for their medical records. |
| SOUTH CAROLINA | x | https://www.scstatehouse.gov/coderegs/Chapter 61-77.pdf | 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+. | https://www.scstatehouse.gov/code/t44c115.php | 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 DAKOTA | x | https://sdlegislature.gov/Rules/Administrative/44:73:09:06 | Hospitals 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. | For a paper copy of a medical record, the fee may not exceed ten dollars for the first ten pages and thirty-three cents for each additional page; For an electronic copy of a medical record, the fee may not exceed twenty-five cents per page; | https://sdlegislature.gov/Statutes/36-2-16.4 | 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. | ||
| TENNESSEE | x | [68-11-305] Preservation of records for specified time | x | https://advance.lexis.com/container?config=014CJAA5ZGVhZjA3NS02MmMzLTRlZWQtOGJjNC00YzQ1MmZlNzc2YWYKAFBvZENhdGFsb2e9zYpNUjTRaIWVfyrur9ud&crid=38b6f141-83a3-4ce3-9418-93079fefeecf | Doctors 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 can charge patients Sixty cents (60¢) a page for the fifty-first pages up to the two hundred fiftieth page and thirty-five cents (35¢) a page for all pages thereafter or; A fee of eighteen dollars ($18.00), which shall include the first five (5) pages of the medical record and a per page charge of eighty-five cents (85¢) a page for the sixth page, up to and including the fiftieth page. A fee for certifying medical records is not to exceed $20 for each record certified. | https://casetext.com/statute/tennessee-code/title-63-professions-of-the-healing-arts/chapter-2-medical-records/section-63-2-102-costs-of-reproduction-copying-or-mailing-of-records | 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. |
| TEXAS | x | https://statutes.capitol.texas.gov/Docs/HS/htm/HS.241.htm | x | https://statutes.capitol.texas.gov/Docs/HS/htm/HS.181.htm | Yes, a hospital can dispose of any medical record on or after ten years after which the patient was last treated in the hospital. | A charge of no more than $25 for the first twenty pages and $.50 per page for every copy thereafter. In electronic format shall be a charge of no more than: $25 for 500 pages or less; $50 for more than 500 pages. | https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=9&ch=165&rl=2 | 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. |
| UTAH | x | (Condensed here, but in Column E is what was disseminated by Utah Gov.) https://casetext.com/regulation/utah-administrative-code/health/title-r432-health-care-facility-licensing/rule-r432-500-freestanding-ambulatory-surgical-center-rules/section-r432-500-21-medical-records | https://dlbc.utah.gov/wp-content/uploads/R432-500.pdf | Yes, 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. | Providers may not exceed $30 per request for locating a patient's records. Reproduction charges may not exceed $.53 per page for the first 40 pages and $.32 per page for each additional page. | https://le.utah.gov/xcode/Title78B/Chapter5/78B-5-S618.html | Within 30 days after the day on which notice is received by the person fulfilling the request, the person fulfilling the request shall waive 50% of the fee or, within 60 days after the day on which notice is received the person fulfilling the request shall provide the requested records free of charge to the requester. | Patients should consult their health care providers. | Patients may not be charged if someone searches for their medical records. | |
| VERMONT | x | https://legislature.vermont.gov/statutes/section/18/043/01905#:~:text=(8)%20Professional%20case%20records%20shall,a%20minimum%20of%2010%20years. | Hospitals must keep professional case records for 10 years. | Hospitals can charge patients a flat fee of $5 or $.50 per page, whichever is greater. | https://legislature.vermont.gov/statutes/section/18/221/09419#:~:text=(a)%20A%20custodian%20may%20impose,an%20individual%27s%20health%20care%20record. | 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. | ||
| VIRGINIA | x | https://law.lis.virginia.gov/vacode/title54.1/chapter29/section54.1-2910.4/ | x | https://law.lis.virginia.gov/vacode/title54.1/chapter24/section54.1-2403.3/ | Physicians must keep adults’ medical records for a minimum of 6 years and are not required to maintain health records for longer than 12 years from the date of creation except for the health records of a minor child, including immunizations, which shall be maintained until the child reaches the age of 18 or becomes emancipated, with a minimum time for record retention of six years from the last patient encounter regardless of the age of the child. | For 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. | https://law.lis.virginia.gov/vacode/title8.01/chapter14/section8.01-413/#:~:text=When%20the%20health%20records%20requested,50%20pages%20and%20%240.25%20per | Yes, within 15 days | Patients should make written requests. | Patients may not be charged if someone searches for their medical records. |
| WASHINGTON | x | https://apps.leg.wa.gov/rcw/default.aspx?cite=70.02.080 | https://app.leg.wa.gov/RCW/default.aspx?cite=70.41.190 | Unless specified otherwise by the department, a hospital must retain and preserve all medical records for a period of no less than ten years following the most recent discharge of the patient. Minors: for a period of no less than three years following age eighteen or ten years following such discharge, 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 VIRGINIA | x | https://code.wvlegislature.gov/16-29-1/ | x | https://regulations.justia.com/states/west-virginia/agency-64/title-64/series-64-12/section-64-12-7/ | Per Section 7.2, a hospital shall preserve medical records for a minimum of five years in their original form or in a legally reproduced form. | Providers cannot exceed a per page fee of 20 cents per page, not to exceed $150 inclusive of all fees, except for applicable taxes for electronic copies. Providers cannot exceed a per page fee of 40 cents per page and additional fees for paper copies. Providers cannot exceed a search and handling fee of $20. | https://code.wvlegislature.gov/16-29-2/ | West 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 extension | Patients should make written requests. | Patients may not be charged if someone searches for their medical records. |
| WISCONSIN | x | https://docs.legis.wisconsin.gov/code/admin_code/dhs/030/92/12 | Treatment records shall be retained for at least 7 years after treatment has been completed, unless under this section they are to be retained for a longer period of time. In the case of a minor, records shall be retained until the person becomes 19 years of age or until 7 years after treatment has been completed, whichever is longer. | No more than: $1 per page for the first 25 pages; 75 cents per page for pages 26 to 50; 50 cents per page for pages 51 to 100; and 30 cents per page for pages 101 and above. | https://docs.legis.wisconsin.gov/statutes/statutes/146/83/3f | 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. | ||
| WYOMING | x | https://casetext.com/regulation/wyoming-administrative-code/agency-052-medicine-board-of/subagency-0001-medicine-board-of/chapter-3-practice-of-medicine/section-3-4-patient-access-to-physician-medical-records#:~:text=052%2D3%20Wyo.-,Code,%C2%A7%203%2D4&text=(a)%20The%20information%20contained%20in,for%20release%20of%20such%20information. | Not specifically, but states reasonable charges are permissible for actual costs incurred, including copies, clerical staff time and the physician's time if necessary. A patient shall not be denied a summary or a copy of requested medical records because of an inability to pay. | Yes, physicians shall comply with the patient's written request within a reasonable period or no more than thirty days, whichever is shorter. | Patients should make written requests. | |||||
| Date last updated | 3-May |