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1. How long must medical records be retained under California law? In short, medical records must be retained at a minimum for seven (7) years in compliance with state law.
This California HIPAA release form enables patients to permit any person or 3rd party organization to have access to their personal health records. The HIPAA release form also optionally allows healthcare providers to share health information with each other.
Section 123130 of the California Health and Safety Code allows a mental health professional to provide a summary of treatment rather than the complete record. The summary must be provided within ten (10) working days from the date of the request.
If a doctor does not comply with the law in releasing your medical records to you, your attorney can then assist you in filing a complaint with the California Medical Board, but your attorney cannot request your records on your behalf.
A patient does not have the right to inspect or obtain a copy of his or her "psychotherapy notes." HIPAA defines "psychotherapy notes" as "notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling ...
All health records of discharged patients shall be completed and filed within 30 days after discharge date and such records shall be kept for a minimum of 7 years, except for minors whose records shall be kept at least until 1 year after the minor has reached the age of 18 years, but in no case less than 7 years.
Federal laws govern the privacy protection of medical records, along with some state laws. California medical records laws state that a patient's information may not be disclosed without authorization unless it is pursuant to a court order, or for purposes of communicating important medical data to other health care ...
Is there a law that says I can see or copy my medical records? You can make a written request to either review or obtain a copy of your medical records pursuant to Health and Safety Code sections 123100 through 123149.5. You can view these laws on the California Legislative Information website.