What to Do If You're Denied Access to Your Medical Records

What to Do If You're Denied Access to Your Medical Records

What to Do If You're Denied Access to Your Medical Records

Your medical records are a vital part of managing your health—they contain information about your diagnosis, treatments, prescriptions, test results, and your overall medical history. You have a legal right to access them. But what happens when a healthcare provider refuses to release your records, delays the process, or provides incomplete information?

Being denied access to your own health records can impact your care, insurance claims, legal actions, or even employment decisions. Fortunately, U.S. law provides clear protections and remedies if this happens to you.

Here’s what to do if you’re denied access to your medical records.


1. Know Your Legal Right to Access

Under the Health Insurance Portability and Accountability Act (HIPAA), you have the legal right to:

  • View your medical records
  • Obtain copies of your records (in paper or electronic format)
  • Direct that your records be sent to another provider, attorney, or third party
  • Receive them within a reasonable time frame (usually 30 days)

This right applies to almost all medical providers—including doctors, hospitals, specialists, pharmacies, and insurance companies—as long as they store your health information.

You don’t need to explain why you’re requesting the records. It’s your right.


2. Submit a Formal Records Request

To start, contact the provider’s medical records or health information department and ask how to submit a request. Many providers have a form, but your written request doesn’t have to be on their specific document.

Include the following in your request:

  • Your full name and date of birth
  • The specific records or time period you want
  • Whether you want physical copies or electronic delivery
  • The name and contact information of any third party you want to receive them
  • Your signature and the date

Send your request by certified mail or through their patient portal if available, and keep a copy for your records.


3. Understand What Can—and Cannot—Be Withheld

You are entitled to most parts of your medical record, including:

  • Test results
  • Lab reports
  • Clinical notes
  • Medical histories
  • Imaging and scan reports
  • Billing and insurance information

However, providers can deny access to:

  • Psychotherapy notes that are kept separate from the main medical file
  • Information compiled for legal proceedings
  • Records that could endanger your life or safety (this is rare and must be clearly justified)

Even when a partial denial is legal, the provider must give you a written explanation and inform you of your right to appeal.


4. Watch the Clock—There Are Time Limits

Under HIPAA, providers generally have 30 calendar days to provide your records. If they cannot meet that deadline, they must:

  • Inform you in writing
  • Explain the reason for the delay
  • Give a specific date by which you will receive the records (no later than an additional 30 days)

Any delay beyond that without explanation is a violation of federal law.


5. Follow Up if You’re Ignored

If the provider doesn’t respond within the required timeframe, send a follow-up message reminding them of the deadline and referencing your original request.

Use language such as:

“This is a follow-up to my medical records request submitted on [date]. Under HIPAA, I am entitled to access these records within 30 days. Please confirm that this request is being processed, or I will be forced to escalate the matter.”

This alone may be enough to prompt action. Keep a copy of this follow-up in case you need to escalate further.


6. File a Complaint with the Office for Civil Rights (OCR)

If your request is unlawfully denied, delayed, or mishandled, you can file a complaint with the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR).

  • File online at ocrportal.hhs.gov
  • Call 1-800-368-1019
  • File within 180 days of the violation

Provide:

  • Your original request
  • Any written responses or denials
  • Evidence of missed deadlines or refusal

OCR can investigate the provider and may impose fines or require corrective action if they find a violation.


7. Report to Your State Health Agency

In addition to a federal complaint, you can also contact your state’s medical board or health department. State laws may provide additional rights beyond HIPAA, such as:

  • Shorter response timeframes
  • Stricter penalties for noncompliance
  • Rights to access mental health or substance abuse records

State agencies may take enforcement action or issue guidance to providers who repeatedly fail to comply.


8. Consider Legal Action

If access to your records is crucial to a legal case or has caused financial or medical harm, you may need to consult an attorney. Potential claims include:

  • Violation of federal or state privacy laws
  • Breach of contract, if the records were part of a care or insurance agreement
  • Medical negligence, if failure to access records delayed your treatment

A lawyer can help you file a lawsuit to obtain the records, seek damages, or pursue a court order compelling the provider to comply.


9. Know What You Can Be Charged

Providers can charge you a reasonable fee for copies of your records, but the charges are regulated. Under federal rules:

  • Charges must be cost-based, covering only labor, supplies, and postage
  • Electronic copies typically cost less than paper
  • You cannot be charged for access—only for the copy

If you’re charged excessive fees, request an itemized breakdown and dispute any charges that don’t align with legal standards.


10. Protect Your Records Once You Receive Them

Once you have your records, treat them like any other sensitive information. Store them securely—whether digitally or on paper—and keep backup copies if possible.

You can also:

  • Share them with a new provider for a second opinion
  • Use them to challenge inaccurate billing or insurance claims
  • Review them for errors and request corrections under HIPAA

Remember: your medical records are your property—and they should serve your health, not become a barrier to it.


Don’t Be Afraid To Get Help
If you’re facing legal questions, safety concerns, or emotional turmoil due to any of the situations described above—especially domestic abuse—don’t try to handle it alone. Professional guidance can make all the difference in ensuring your rights are protected and your next steps are clear. Whether you need legal advice, help with documentation, or assistance navigating local resources, speaking to an expert can bring peace of mind. Click here to get connected with professional support tailored to your situation.

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