How you make your request will depend on your provider's processes. You may be able to request your record through your provider's patient portal. You may have to fill out a form — called a health or medical record release form, or request for access—send an email, or mail or fax a letter to your provider.
Unless otherwise provided by law, all patient records must be retained for at least six years.
Once your request is received, a physician or health care facility has 10 days to provide you with an opportunity to inspect your records. The law does not provide a specific time period by which copies of medical records must be provided.
The NYS Department of Health, however, requires medical doctors to retain records for any adult patients for 6 years. Minor patients are kept for 6 years and until one year after the minor reaches the age of 18 (whichever is longer). For hospitals, medical records must be kept for six years from the date of discharge.
Mental and behavioral health records can contain medication prescriptions, counseling session start and stop times, results of clinical tests, diagnosis, symptoms, prognosis and other health information, which are part of the patient's general health record.
To request a copy of a medical record from a physician, call or write to the physician holding the record. If the physician does not respond to this request within a timely manner, you can file a complaint with the NYS Department of Health, Office of Professional Medical Conduct for Physicians.
To request a copy of a medical record from a hospital, call or write to the hospital holding the record. You must speak to the Medical Records Department and request a release of medical information authorization form from the hospital.
Requests for Client Records If you are submitting a request for Medicaid records specifically, please fill out and submit the OCA-960 Authorization for Release of Health Information Pursuant to HIPAA or other HIPAA-compliant form. Requests and forms should be submitted via email to HIPAA@dss.nyc.
Blood samples, writing samples, records, phone taps, email, and every other form of physical evidence is protected by the Fourth Amendment. With a proper warrant, even confidential information such as patient records is subject to search and seizure.
For example, Section 17 of the Public Health Law prohibits the release of records to parents or guardians concerning the treatment of a minor for sexually transmitted disease or for performance of an abortion.