Complaint: Medical Records
Is there a law that says I can see or copy my medical records?
You can make a written request to either review or obtain a copy of your medical records pursuant to Health and Safety Code sections 123100 through 123149.5. You can view these laws on the California Legislative Information website.
How can I get a copy of my medical records?
Learn More about How can I get a copy of my medical records?
- Patient Access to Medical Records
Can a doctor charge me for copies of my medical records or x-rays?
Yes, pursuant to Health & Safety Code section 123110, a doctor can charge 25 cents per page plus a reasonable clerical fee. For diagnostic films, such as an x-ray, MRI, CT and PET scans, you can be charged the actual cost of copying the films. This only applies if you have made a written request for a copy of your medical records to be provided to you. Please note, the following exception: (d) (1) Notwithstanding any provision of this section, and except as provided in Sections 123115 and 123120, a patient, former patient, or the personal representative of a patient or former patient, is entitled to a copy, at no charge, of the relevant portion of the patient's records, upon presenting to the provider a written request, and proof that the records or supporting forms are needed to support a claim or appeal regarding eligibility for a public benefit program. These programs shall be the Medi-Cal program, the In-Home Supportive Services Program, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, social security disability insurance benefits, Supplemental Security Income/State Supplementary Program for the Aged, Blind and Disabled (SSI/SSP)benefits, federal veterans service-connected compensation and nonservice connected pension disability benefits, and CalFresh.
What if my doctor won't give me a copy of my records?
As long as you requested your medical records in writing, to be sent directly toyou (and not to anyone else, like your new doctor), the physician is required tosend you a copy within specified time limits. If you are having difficulty gettingyour records, you can file a complaint with the Medical Board. Please include a copy of your written request(s). If we can substantiatethe complaint, as the physician's licensing agency, the Board will take the appropriateaction against the physician's license for failing to provide the records withinthe legal time limit.
Does a doctor have to give me a copy of reports or records he got from me or fromother doctors?
The guidelines from the California Medical Association indicate that physiciansmust provide anything that they are maintaining in the medical record for you (asthe patient), which includes records from other providers. So, for example, youshould be able to receive a copy of a specialist's consultation report from yourprimary care physician, since he/she has incorporated it as a part of your medicalchart. You don't need "special permission" from the specialist nor do you need toobtain this report only from the specialist.
How long does a physician need to retain medical records?
There is no general law requiring a physician to maintain medical records for a specific period of time. However, there are situations or government health plans that require providers/physicians to maintain their records for a certain period of time. Several laws specify a three-year retention period, including Health and Safety Code (HSC) section 1797.98e (b) (for services reimbursed by Emergency Medical Services Fund), andHSC section 11191 (when a physician prescribes, dispenses or administers a Schedule II controlled substance). Welfare andInstitutions Code section 14124.1 (which relates to Medi-Cal patients) specifies a ten-year retention period. The Knox-Keene Act requires that HMO medical records be maintained for a minimum of two years under Title 28 of the California Code ofRegulations (CCR) section 1300.67.8(b) . In Workers' Compensation Cases, qualified medical evaluators must maintain medical-legal reports for five years under Title 8 CCR section 39.5(a). HSC section 123145 indicates that providers of health services that are licensed under sections 1205, 1253, 1575, or 1726 shall preserve the records for a minimum of seven years following discharge of the patient.
How long does a physician have to send me the copy of medical records I requested?
If you made your request in writing for the records to be sent directly to you, the physician must provide copies to you within 15 days. The physician can charge a reasonable fee for the cost of making the copies. If the physician's office advises you that a fee will be charged for the records, the medical records do not need to be provided until the fee is paid. If the physician does not comply within the time frame you can file a written complaint with the Medical Board.
Who can get access to a deceased patient's records?
The beneficiary or personal representative of a deceased patient has a full right of access to the deceased person's medical records under the same requirements that would apply to requests from the patient himself or herself. (Health & Safety Code 123110, 123105(e).)
What is the penalty if a physician does not respond to my request for a copy of my medical records?
The Medical Board may take any action against the physician which is appropriatefor failing to provide the records within the legal time limit. This can range frommaking sure that the doctor actually does provide you the copy you requested, toa citation and fine or disciplinary action against the physician's medical license.
How can I correct an error in my records?
The patient, including minors, can write an "Addendum" to be placed in their medical file. The original information will not be removed, but the new information, signed and dated by the patient, will be placed in the file. Health and Safety Code section 123111 states that a patient "shall have the right to provide to the health care provider a written addendum with respect to any item or statement in their records that the patient believes to be incomplete or incorrect. The addendum shall be limited to 250 words per alleged incomplete or incorrect item in the patient's record and shall clearly indicate in writing that the patient wishes the addendum to be made a part of their record. The health care provider shall attach the addendum to the patient's records and shall include that addendum if the health care provider makes a disclosure of the allegedly incomplete or incorrect portion of the patient's records to any third party."
Who owns medical records? Do the records belong to me?
No, they do not belong to the patient. Medical records are the property of the medicalprovider (or facility) that prepares them. This includes films and tracings fromdiagnostic imaging procedures such as x-ray, CT, PET, MRI, ultrasound, etc. Thepatient has a right to view the originals, and to obtain copies under Health andSafety Code sections 123100 - 123149.5.
Do x-ray films belong to me?
No, just like any other medical records, diagnostic films and tracings belong tothe physician's office or facility where they were made. The fees you paid for thex-rays or other diagnostic imaging were for the expertise, equipment, and suppliesto take the images and diagnose them. You have a right to obtain copies of yourfilms if you make a written request that they be provided directly to you and notto anyone else. The physician can charge you the actual cost of making the copiesof the films.
How do I get my medical records if my doctor moves away/retires/dies?
There is no central "repository" for medical records. If a physician moves, retires,or passes away, sometimes another physician will either "buy out" or take over theirpractice. The "active" patients are usually notified by mail (as a courtesy), andtold where to obtain their records. If you cannot locate the physician, you maywant to contact your local county medical society to see if they have any informationabout the physician's practice (e.g., did someone else take over the practice?). You may click hereto find your local medical society.
Additionally, you can contact the Medical Board's Consumer Information Unit at 1-800-633-2322,or on the Board's website's profiles at Check Your Doctor, to obtain the physician's address of record for theirlicense. Write to the doctor at that address, even if the doctor has died, and requestthat a copy of your records be sent to you. If the address has a forwarding orderon it, your letter will be forwarded to the doctor's new address. The doctor has15 days from the time your letter is received to send you a copy of your records,if the records are still available.
If the doctor died and did not transfer the practice to someone else, you mighthave to check your local Probate Court to see whether the doctor has an executorfor their estate. You could then contact the executor to see if you can geta copy of the records. Depending on how much time has passed, whoever is appointedas the custodian of records can have the records destroyed.
How do I get my medical records transferred to my new doctor?
Transferring records between providers is considered a "professional courtesy" andis not covered by law. Most physicians do not charge a fee for transferring records,but the law does not govern this practice so there is nothing to preclude them fromcharging a copying fee. There is also no time limit on transferring records. Youmight wish to contact your local medical society to see if it has developed anyguidelines on medical record transfer issues.
If you want to ensure that your new doctor receives a copy of your medical recordsfrom your previous doctor, you can write your previous doctor requesting that acopy of your medical records be sent directly to you. When you receive your records,you can provide a copy of those records to any provider you choose. If you selectthis method, the doctor must provide the records within 15 days of receipt of yourrequest.
Can a doctor charge to send a copy of my records to another doctor?
Most physicians do not charge a fee for transferring records, but the law does notgovern this practice so there is nothing to preclude them from charging a copyingor transfer fee. There is also no time limit for record transfers, or no penaltyfor failure to transfer the records, since this is a professional courtesy. Youmight wish to contact your local medical society to see if it has developed anyguidelines on record transfer issues.
How do I obtain copies of my lab results?
Health and Safety Code section 123148 requires the health care professional who requested the test be performed to provide a copy of the results to the patient, if requested either orally or in writing, except the results may be disclosed in electronic form if requested by the patient and if deemed most appropriate by the health care professional who requested the test. When the patient requests their lab results, the health care provider should provide the results to the patient within a "reasonable" time period after the results are received by the provider. Depending on the results of the tests, some physicians may want the patient to schedule an appointment to review and discuss the results and any follow-up testing or treatment that might be required.
