Medical Records Information
- Medical Records are
the property of the physician, however, patients
have a right to a copy of their records under
Virginia Law.
- Health care providers
must keep medical records confidential and only
authorized personnel can have access to them.
This includes the patient; any person with the
written consent of the patient; the patient's
legal representative; a minor patient's parent,
guardian, or legal representative; or other
person authorized to consent to treatment of
minors pursuant to law.
- Requests for copies
of medical records should be in writing, dated,
and signed by the requester. The request should
identify the nature of the information requested
and include evidence of the authority of the
requester to receive such copies and
identification of the person to whom the
information is to be disclosed.
- Within 15 days of
receipt of a request for copies of medical
records, the physician must do one of the
following: a) provide the copies to any requester
authorized to receive them; b) inform the
requester if the information does not exist or
cannot be found; c) if the health care provider
does not maintain a record of the information
and, if known, the name and address of the
provider who does maintain the records.
- A physician can deny
a request for records if the requester has not
established his/her authority to receive such
records of proof of his identity. A physician can
also deny records in cases where the patient's
attending physician or clinical psychologist has
made a part of the record a written statement
that, in his/her opinion, the furnishing to or
review by the patient of such records would be
injurious to the patient's health or well-being.
In this case, the patient (or other
representative individual) shall have the right
to have the records reviewed by another physician
or psychologist. (Expansion of this part of the
law can be obtained by calling your local medical
society.)
- Under Virginia Law, a
"reasonable" charge may be made for the
service of maintaining, retrieving, reviewing and
preparing copies of records. Except in the case
of X-ray photographs, such charges shall not
exceed 50 cents per page for up to 50 pages and
25 cents a page thereafter for copies from paper
and one dollar per page from microfilm or other
micrographic process, plus all postage and
shipping costs and a search and handling fee not
to exceed $10.
- For records supplied
under subpoena, providers may not charge a search
fee.
- Most physicians keep
records for several years. Patients who change
physicians should immediately notify their former
physician in writing of the name and address of
the new physician and ask that a copy of their
file be transferred.
- Patients who do
regularly visit their physician should
periodically obtain copies of their records.
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