You have the right to obtain a copy of your X-rays from your chiropractor. Diagnostic images, such as X-rays, are an important part of your medical file, providing visual evidence of your skeletal structure and any related issues. Accessing these records ensures continuity of care, allowing different practitioners to understand your past diagnoses and treatment plans without the need for repeat imaging. The process for retrieving these images is governed by federal law, which establishes your right to access your personal health information.
Understanding Your Legal Right to Health Records
The Health Insurance Portability and Accountability Act (HIPAA) is the federal law that grants you the right to access your medical records from healthcare providers. Chiropractors who transmit health information electronically, such as for billing insurance, are considered “covered entities” under HIPAA. This designation means the chiropractor’s office must comply with the Privacy Rule, which gives patients a legal right to see and receive copies of their health information.
This right extends to a broad range of information maintained by the practice, including medical records, billing records, clinical case notes, and medical images like X-rays. You are entitled to access this information because it is used to make decisions about your care. The chiropractor cannot legally withhold your records because of an unpaid bill, nor can they condition access on you scheduling another appointment.
The right to access is not limited by the format of the record; you can request copies of information maintained electronically or on paper. The purpose of the federal rule is to empower patients by giving them control over their protected health information (PHI).
Ownership of the Physical X-Ray Images
A common point of confusion is the difference between owning the physical medium and owning the information it contains. The chiropractor or clinic that took the images retains ownership of the physical property, such as the film or digital file, as part of their business record.
However, ownership of the medium does not negate your right to the information itself. The patient has the right to a copy of their protected health information, including the X-ray images and associated interpretation reports. The healthcare provider is not required to release the original film or digital file, but they must provide you with a copy.
The copies provided must be in a format you request, assuming the covered entity can readily produce it in that form. For example, digital X-rays can typically be provided on a CD, USB drive, or sent electronically.
Making the Request: Steps and Potential Fees
To obtain your X-rays, you should begin by submitting a formal written request to your chiropractor’s office. Many practices require a specific release of information form. This request should specify exactly what you need, including the X-rays taken on a particular date, any accompanying reports, and the preferred format for the copies.
Federal rules require the chiropractor’s office to act on your request and provide access to your records within 30 days of receiving it. If the practice cannot meet the 30-day timeline, they must inform you in writing of the reason for the delay and the date they will provide the records, which cannot exceed 60 days from the initial request. You can also specify that the copies be sent directly to another healthcare provider.
While you have a right to your records, the chiropractor can charge a reasonable, cost-based fee for providing the copies. This fee can only include the cost of supplies (such as the CD or paper), the labor for copying the records, and the postage if mailed. The law strictly prohibits charging for the time spent searching for or retrieving the requested records.
For electronic copies of records maintained electronically, the government has suggested a flat fee of no more than $6.50, which covers all associated costs. If the chiropractor calculates the actual cost, they must demonstrate that the fees charged are reasonable and cost-based. You should inquire about the practice’s fee schedule before submitting your formal request.