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Medical Records
Who has access to my medical records?
Your access
California Health and Safety Code Section 123110 specifically gives an adult patient, a minor patient who by law can consent to medical treatment, or your personal representative (such as the person to whom you have granted power of attorney) the right to inspect patient records upon written request to the physician and upon payment of any fees the physician charges for access to the records.
Under the California Health and Safety Code, your physician must permit you to view your records during business hours within five working days after receiving your written request. You must be accompanied by another person, and you may have to show proper identity. You are entitled to make copies of your records upon written request to the physician. Records can include your health history, diagnosis, your condition, and administered or prescribed treatment. Your physician must give you copies within 15 days of receiving your written request.
However, the law does not include any transfers of your records to other health professionals or to anyone else. Also, any copies of X-rays or other imaging does not have to be provided to you if the originals are transmitted to another health care provider upon your written request and within 15 days of receiving your request.
California Health and Safety Code Section 123130 allows the physician to give you a detailed summary of your record instead of granting access to the entire record. This summary must be made available to you within ten working days from the date of your written request. The summary must contain significant information, including—
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Access by third parties
Your insurance company has access to certain medical information in order to insure you.
According to a California Department of Insurance study with a number of insurers and managed care organizations (MCOs), the ability to access records from your insurance company through a new web-based tool, Personal Health Record, is emerging. While intended mostly as a way for consumers and doctors to coordinate care, it can prove useful to access records from a single source. Information contained in the health record includes auto-populated data from your insurer on hospital admissions, hospital outpatient procedures, physician visits, lab tests, and prescription drugs.
Compliance with the Health Information Portability and Accountability Act (HIPAA) still needs to be determined, however.
Your attorney does not have access to your medical records even if he or she states the role of legal counsel. Your lawyer can only have access to your records if you have designated he or she as your personal representative in your written request.
Sacramento medical malpractice laws and Santa Rosa medical malpractice laws protect you
Even as the patient, you may be denied certain medical records, particularly those pertaining to mental health. However, your doctor must allow inspection of these records by a licensed physician, psychologist, psychiatrist, marriage and family therapist, or clinical social worker as you designate.
While accessing medical records can be a complex process, such guidelines are there to protect you. Contact one of the experienced medical malpractice attorneys at Teal Montgomery & Henderson if you are having trouble getting access to your own records.
Free consultations for victims of medical malpractice
We offer a free telephone, online, or in-person consultation. Our Santa Rosa and Sacramento medical malpractice attorneys listen to you, consider the facts, and give you our best advice. For the Santa Rosa office, call 707-284-0050 or for Sacramento, call 916-596-2716. You can also reach us toll free at 866-878-5267.
