Almost always, we need the relevant medical records before we can make any decisions about whether to move forward with a client’s case. Unfortunately, too often it is difficult for patients to access their own records. Administrative hurdles can be burdensome, and costs can be as well, particularly if a health care provider has yet to transition to electronic medical records (which can easily and cheaply be copied onto a disc).

In response to some patients’ problems with accessing their own records, the Obama administration issued new guidelines recently on patients’ rights to these records. Of note, the new guidelines give a 30-day time limit to give a patient her records after receiving the request. Interestingly, in Washington the deadline is 15 working days.

Further, patients do not have to give a reason for why they are getting their records, and cannot deny access to the records out of a concern that the patient will be upset by the information. They can’t force patients to pick up their records in person, nor can they deny a request because the patient has failed to pay a bill.

The reality is, the patient owns their own health care information, and health care providers are still having difficulty learning that lesson. In our cases, typically a patient is upset about the care they received. They wouldn’t be calling us if that weren’t the case. Still, they have a right to access their records within 30 days, and (hopefully) they can get those records at a reasonable price.

You can read a New York Times article on the new guidelines here:

[New Guidelines Nudge Doctors to Give Patients Access to Medical Records](http://mobile.nytimes.com/2016/01/17/us/new-guidelines-nudge-doctors-on-giving-patients-access-to-medical-records.html?smid=tw-nytimes&smtyp=cur&referer=https://t.co/Yx5kWyD7Hx&_r=0)