The retirement of a long-trusted physician often presents a challenge when a patient requires access to their medical history for continuity of care or specialist consultations. When a medical practice closes, the responsibility for maintaining patient records transfers to a new party, often causing confusion about where to direct a request. Retrieving these documents requires understanding the legal framework governing health information and the formal process for requesting records from the designated entity. This guide will clarify the path for obtaining your health records, regardless of whether your former doctor’s office still exists.
How Medical Practices Handle Retirement
A physician who decides to close their practice or retire must make legal arrangements for the long-term custody of patient medical records. This obligation ensures the patient’s uninterrupted ability to access their health information as required by law. The retiring physician must designate a medical records custodian, the person or entity legally responsible for securely storing, managing, and providing access to these documents for the required retention period.
The most common scenario is when the practice is acquired by a successor physician or a larger group practice, which then assumes the role of custodian. In this arrangement, the records typically remain on-site or within the new practice’s electronic health record system, simplifying the request process. If a retiring physician closes their practice entirely, they must contract with a designated records custodian, often a specialized third-party storage or health information management service. This company assumes the legal duty to manage all future requests for the physician’s former patients.
In cases where a physician’s retirement is sudden or due to death, the responsibility may initially fall to the physician’s estate or a surviving partner. The original practice is obligated to provide written notice to all patients, detailing the date of closure and providing clear instructions on how to obtain copies or authorize their transfer to a new provider. Patients should first check any old office signage, answering machine messages, or previous correspondence for the name of the new custodian.
The Formal Process for Requesting Records
Once the custodian holding the records is identified, the next step is initiating a formal request, which is governed by federal law. The Health Insurance Portability and Accountability Act (HIPAA) grants individuals the right to access and obtain a copy of their Protected Health Information (PHI) maintained by a covered entity. This right requires the custodian to comply with the patient’s request, regardless of whether the provider is retired.
To obtain your records, you must submit a formal, written Authorization for Release of Information (ROI) form, even if the custodian is a third-party service. This written request should clearly identify you as the patient, specify the exact records you need, and include the date range of the services provided by the retired physician. It is also helpful to specify the desired delivery method, such as an electronic copy, a paper copy, or direct transmission to a new doctor.
The custodian is required to act on your request without unnecessary delay and must generally provide the records no later than 30 calendar days after receiving the request. If the custodian cannot meet the initial deadline, they may request a single 30-day extension, but they must inform you in writing of the delay and the reason before the first 30 days expire.
The custodian is permitted to charge a reasonable, cost-based fee for fulfilling the request, strictly limited to covering the actual costs incurred, such as labor for copying, supplies (like paper or a USB drive), and postage. Importantly, the custodian cannot charge for the labor involved in searching for or retrieving the records. If the records are maintained electronically and you request an electronic copy, the custodian has the option to charge a flat fee that cannot exceed $6.50, which covers all labor, supplies, and postage.
When Records Are Difficult to Locate
In scenarios where the custodian’s identity is unknown, or the designated entity is unresponsive to a formal request, patients have recourse through regulatory bodies. State medical boards or licensing agencies oversee the professional conduct of physicians, which includes ensuring compliance with medical record retention laws. These agencies often track the designated custodian for any physician who closes a practice within their jurisdiction.
A patient can file a complaint or an inquiry with the state board, which may then investigate the location of the records on the patient’s behalf. This provides a mechanism when the standard private request procedure fails or when there is a suspected violation of patient access rights.
State laws, not HIPAA, govern the minimum time period for which medical records must be retained. Retention periods vary significantly by state, but for adult patients, the requirement generally ranges from five to ten years after the patient’s last date of service. If the records pertain to a minor, the retention period is often longer, extending a certain number of years past the patient’s 18th or 21st birthday. If a patient’s records are older than the state’s statutory retention period, they may have been legally destroyed, and the custodian is no longer required to produce them.