Transferring medical records is necessary when changing healthcare providers or seeking specialized second opinions. These records, known as a Designated Record Set, include clinical notes, lab results, billing information, and imaging reports used for your care. Successfully transferring this information ensures continuity of care, allowing your new physician a complete history without repeating costly tests. Understanding the process and your rights is the first step toward managing your health information effectively.
Understanding Your Rights to Medical Information
The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule establishes your right to access and control your Protected Health Information (PHI). You can obtain a copy of your records from a healthcare provider or health plan. This right allows you to receive the records yourself or direct the provider to send them directly to a third party, such as a new specialist.
Covered entities must process requests promptly, acting no later than 30 calendar days after receiving the request. If an extension is required, the provider must notify you in writing of the reason and the expected completion date, which can add a maximum of 30 days. Providers may charge a reasonable, cost-based fee for fulfilling the request. This fee covers the cost of labor, supplies (like paper or a CD), and postage; charges for searching or retrieving records are prohibited. For electronic records, a provider may charge a flat fee not exceeding $6.50, covering all associated costs.
The Standard Process for Requesting Records
Initiating a record transfer requires a formal request, usually by completing an Authorization to Release Medical Information form from your current provider. This form requires specific information to ensure the correct records are released to the appropriate party. You must clearly identify the specific records needed, such as a full medical history, a summary of a procedure, or only recent lab results from a defined date range.
Completing the form accurately is essential, as incorrect information can lead to significant delays. You must specify the full name and contact information of the individual or entity authorized to receive the records, which may be another physician’s office or yourself. The form requires your signature and the date to be legally valid. You should also include an expiration date for the authorization, often set for one year or upon completion of a specific medical event.
Once completed, submit the form to the provider who holds the records, usually the Health Information Management (HIM) department. Submission methods include mailing the form, delivering it in person, or sending it through a secure patient portal. Providers must verify your identity to protect privacy, often requiring a photo ID for in-person requests or multiple identifiers (name, date of birth, address) for written submissions. After the mandated 30-day period, a follow-up call to the receiving party can confirm the records were successfully sent and received.
Specialized Requests and Complex Transfers
Certain situations introduce complexities to the standard transfer process. Mental health records include psychotherapy notes, which are personal notes recorded by a professional during a counseling session. These notes are kept separate from the rest of the medical record and are excluded from a patient’s right of access under HIPAA. Accessing these sensitive notes requires a separate, explicit authorization, and providers are not required to release them.
Requesting the medical records of a patient who has passed away is another complex scenario. The right to access a deceased person’s records passes to the executor or administrator of the estate, known as the personal representative. This representative must provide legal documentation, such as the death certificate and the Grant of Probate, to prove their authority. If no personal representative has been appointed, some state laws may grant access to the next of kin.
Transferring large imaging files, such as X-rays, MRIs, or CT scans, often deviates from the simple electronic transfer of clinical notes. These files are stored in the Digital Imaging and Communications in Medicine (DICOM) format, requiring a specialized viewer for interpretation. While facilities can send these files digitally through secure networks, they are commonly provided to the patient on a physical CD or DVD, often including the necessary viewing software. Patients can then upload these files using secure transfer services or bring the physical media to the new facility.