Did you know that you have the legal right to obtain a copy of your medical records? Below, the Missouri healthcare lawyers at Fowler Pickert Eisenmenger Norfleet in Kansas City explain the procedures to follow when making a medical records request. Knowing the proper steps to follow and being aware of patient rights and your legal protections can save time and prevent unnecessary disputes with medical providers or healthcare facilities.
Patient Rights to Medical Records in Missouri
Under the Health Insurance Portability and Accountability Act (HIPAA), patients have the right to request, review, and receive copies of their medical records from any healthcare provider from whom they received treatment. Missouri law reinforces these federal protections and establishes specific timeframes within which healthcare providers must respond to medical records requests.
Step-by-Step Process for Requesting Medical Records
Generally, follow the steps below when you need to request medical records.
Submit a Written Medical Records Request
You should submit any medical records requests you need to make in writing. It’s fine to call a provider's office, but you should also follow up with a written request. This serves the purpose of creating a paper trail while helping make sure that your request receives proper attention. Include the following key details in your request:
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Date the request is being made
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Your full name
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Your date of birth
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Contact information (address, phone number, email)
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Specific treatment dates or time periods
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Types of records needed (lab results, imaging, physician notes, etc.)
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Preferred format for receiving the records (print or electronic)
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Your signature
Provide Proper Identification
Healthcare providers will ask you to verify your identity before releasing records, so be prepared to submit a government-issued photo ID or otherwise verify who you are before the facility will release your medical records to you. If you're requesting records for a family member, you'll need documentation proving your authority to access their medical information.
Allow Adequate Processing Time
Missouri healthcare providers have up to 30 days to respond to medical records requests. However, they can extend this timeframe by an additional 30 days if they notify you in writing of the delay and explain the reason for the delay. It usually takes longer to receive paper records than electronic versions.
Understanding Medical Records Costs and Fees
Healthcare providers are allowed to charge reasonable fees for copying and mailing medical records. They are allowed to charge:
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A reasonable fee for copying paper records
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Actual costs for electronic media (like CDs)
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Postage if you want records mailed
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Labor costs associated with searching for and retrieving records (in some circumstances)
Providers cannot charge excessive fees that effectively deny you access to your records. If you believe a provider's fees are unreasonable, document the charges and contact a Missouri healthcare lawyer for guidance.
Common Obstacles and How to Address Them
Even though providers are required to release medical records to patients who request them, obstacles sometimes come up. For example:
Provider Claims Records Don't Exist
Healthcare facilities sometimes claim they cannot locate your records. This happens more frequently with older records or when practices change ownership. Ask the provider to document their search efforts in writing and provide the names of any predecessor practices or organizations that might have your files.
Incomplete Records or Missing Information
If you receive incomplete records, you should immediately compare what you received against your request letter and identify specific missing items. Then, contact the provider or facility that sent them right away. Healthcare facilities sometimes store records in multiple locations or different departments, so it’s not uncommon for some information to be inadvertently left out.
Electronic Records Access Challenges
Many providers now offer patient portals for accessing records electronically. While convenient, these systems sometimes contain only recent records or summary information. If the portal doesn't contain everything you need, you can still request complete records directly from the provider’s or facility’s medical records department.
When Healthcare Providers Refuse Your Request
If a healthcare provider refuses your medical records request, ask them to explain their reasoning in writing. Most denials result from misunderstandings or administrative errors rather than legitimate legal concerns, as a healthcare provider rarely has a valid reason to deny medical records requests.
Legal Remedies for Improper Denials: How a Missouri Healthcare Lawyer Can Help
When healthcare providers improperly deny you access to your medical records, consulting with an experienced Missouri healthcare lawyer can be helpful. You can also file a complaint with federal or state authorities, but formal legal correspondence from a healthcare attorney sometimes resolves access issues more quickly than making a complaint alone.
Obtaining your medical records should be straightforward when you follow proper procedures and understand your rights. If you encounter unreasonable delays or denials, our team of knowledgeable Missouri healthcare lawyers is here to help you understand how patient rights apply in your situation and to work with you to help ensure you receive the documentation you need.