New York State Law requires all health care practitioners and facilities to grant patients access to their own medical records. However, some restrictions may apply.
Who May Request Information?
Patients or their parents or guardians. You will be required to put your request in writing. Upon receipt of your request, the healthcare provider has 10 working days to provide an opportunity for you to inspect your records. You may also request copies of the records, which will be furnished within a reasonable time. The provider may impose a reasonable charge to you to cover the cost of reviewing your records and any copies you request. You cannot be denied access to the records solely because of inability to pay.
What Information Is Available?
All information concerning or relating to your examination or treatment is available for your review except:
- Personal notes and observations maintained by the practitioner
- Information that was disclosed to the practitioner under the condition that it would be kept confidential, provided such information has thereafter been kept confidential
- Information about the treatment of a minor that, in the opinion of the practitioner, should not be disclosed to the parents or guardians (a patient over the age of 12 may be told that his/her parents or guardians have requested the patient's records, and if the child objects, the provider may deny the request)
- Information that the practitioner determines may reasonably be expected to substantially harm the patient and others
- Substance abuse program records and clinical records of facilities licensed or operated by the Office of Mental Health (these records may be disclosed pursuant to a separate process under the Mental Hygiene Law)
- Information obtained from other examining or treating practitioners which may be requested directly from such other practitioners
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The provider has the right to review the records before granting you access. The provider may decide to deny access to all or part of the record if one of the exceptions to the law applies. In such case, the provider may give you a prepared summary of the record.
Can Denial of Access be Appealed?
Yes, if access is denied, you may appeal. The provider is required to give you a form explaining the appeals process. If you wish to appeal, complete the form and mail it to the Access to Patient Information Coordinator in the New York State Department of Health.
A medical records access review panel will then review your request. The coordinator will notify the provider and the review committee of your appeal. The provider then has 10 days to send the information to the chairperson of the committee, along with a statement explaining why access was denied. The committee will review the records, provide you and the provider a reasonable opportunity to be heard, and will issue a written determination.
If the review committee decides that you should have access to the records, the practitioner must comply. If the committee agrees that access may reasonably be denied, you still have the right to seek disclosure through a court proceeding.
However, if the committee decides that parts of the record are personal notes, the decision is final and cannot be reviewed in court. Other rights and limitations may be involved.
If you have problems gaining access to your medical records, and need more information, call 518-402-0814 or write to:
The Access to Patient
Information Coordinator
Office of Professional Medical Conduct
433 River Street, Suite 303
Troy, NY
12180-2299
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