I'm caring for someone
How do I get my parent's medical records?
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Talk with your parent first and get their OK before you request anything. Then write to the provider's medical records office, with your parent's signed authorization or your healthcare power of attorney. Under HIPAA they usually have 30 days to send them, for a reasonable copying fee.
What to do
- Ask for the provider's records request form, or write a short letter: your parent's name, date of birth, which records and dates you want, and how to send them.
- Attach your parent's signed authorization, or the healthcare power of attorney if your parent cannot decide.
- Check the patient portal first. Much of what you need may already be there, and ask for the rest as electronic copies.
- Note the date you asked and follow up after 30 days. If you are refused, ask for the reason in writing; you can file a complaint with the HHS Office for Civil Rights within 180 days.
Sending records straight to a doctor
If the records only need to reach another physician or specialist, you may not need copies at all. Ask the next physician's office to request them directly from your parent's current physician, and say they are needed for continuity of care.
HIPAA lets physicians share records with each other for treatment without a signed form, and many offices don't charge for a transfer like this, so it is often the free option. Fees and practices vary, so ask both offices before anything is sent.
What to say
I'm requesting a copy of my mother's records under HIPAA. Her signed authorization is attached. Please tell me the fee and the date I can expect them.
Put it in writing (portal message, email or letter) so the 30 days start on a date you can prove.
What to watch out for
This is a sensitive stepSmall details here can change the outcome, and some mistakes are hard to undo. We highly recommend a free 15-minute call with us before you decide.
Asking without your parent's OK. If you request records you aren't authorized to see, the office may note it in the file, and some families end up with a “do not release information” note that keeps a relative out for a long time. Have the conversation first, and get the authorization signed before you ask.
Also: asking for 'everything' from a big hospital. That request can run to hundreds of pages and a large fee. Ask for what you need: the discharge summary, test results, the medication list and the last few visit notes.
Better done together
We’re here to help
Asking for records sounds simple until you are looking at a form with twenty boxes. We can help you work out which records you actually need for what you're trying to do (an appeal, a second opinion, another physician), word the request, and read through what comes back.
Medical records are personal and easy to misread. Going through the first set with someone who knows where things usually sit makes the next request much easier to do on your own.
Families with a lot going on: read Talk with your parent before you ask for their records before anyone calls an office.
Every situation is different, and these are sensitive moments, so we look at yours with care. We often see what others miss, and we never take commissions from insurance companies: the only thing we are working for is what is right for you.
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The rule behind it
HIPAA, the federal privacy law, gives a patient the right to see and get a copy of their records, and lets a personal representative, such as the healthcare agent when the parent cannot decide, use that same right. The provider usually has 30 days to respond, with one 30-day extension if they tell you why, and may charge only a reasonable, cost-based fee. Some states set shorter deadlines or lower fees; the rule that is better for the patient applies.
Sources
- 45 CFR 164.524 — HIPAA right of access (30 days, one extension, cost-based fee)
- 45 CFR 164.502(g) — HIPAA personal representatives
- 45 CFR 160.203 — Stricter state privacy laws still apply
- 45 CFR 160.306 — Filing a HIPAA complaint with HHS (180 days)
- Your parent's signed authorization or healthcare power of attorney
- HHS — HIPAA FAQ: sharing information for treatment without authorization
Amanda Alcodia
Education, not medical, legal or insurance advice.
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