California medical records laws

How California differs from federal HIPAA

• Hard cap of $0.25 per page ($0.50 microfilm) on top of HIPAA's cost-based limits.
• Free copy for public benefit claims/appeals, U-visa and VAWA petitions.
• Providers may not withhold records because of an unpaid bill.
• State private right of action with possible attorney fees (HIPAA has none).

How long a provider has to respond

California providers must let you inspect records within 5 working days and send copies within 15 days of your written request (30 days for the free copy allowed for benefit appeals).(Cal. Health & Safety Code § 123110)

What a provider can charge

California limits copy fees to labor, supplies, postage and any agreed summary, with paper copies capped at $0.25 per page ($0.50 from microfilm). One free copy must be provided for public benefit claims or appeals, U-visa petitions, and VAWA self-petitions.(Cal. Health & Safety Code § 123110)

Paper copies

Up to $0.25 per page ($0.50 per page from microfilm)

Electronic copies

Must provide the requested electronic form if readily producible; fee limited to labor, plus supplies only if portable media is requested

When copies are free

One free copy of the relevant records when needed for a public benefit claim or appeal, a U-visa petition, or a VAWA self-petition (not when a private attorney is paying costs)

A provider cannot refuse to give you your records because you owe money for treatment. Compare every state on the medical records fees by state page.

How long records must be kept

• Hospitals (general acute care): At least 7 years after discharge, including X-ray films; unemancipated minors at least 1 year after age 18, and never less than 7 years(Cal. Code Regs. tit. 22, § 70751(c))

Minors and sensitive records

• Minors: A parent or other representative cannot inspect records a minor has the right to inspect, records of certain services the minor lawfully consented to, or records the provider determines access to would harm the provider-patient relationship or the minor's safety or psychological well-being.(Cal. Health & Safety Code § 123115)
• mental health: A provider may decline a patient's request to see mental health records if it finds a substantial risk of significant adverse consequences, but must document the reason, tell the patient, and let a licensed professional the patient chooses inspect or receive copies.(Cal. Health & Safety Code § 123115)

If a provider doesn't comply

A patient or representative harmed by a violation of § 123110 may sue the provider; the court may award costs and reasonable attorney fees to the prevailing party. Willful withholding over an unpaid bill is subject to sanctions under § 123110.(Cal. Health & Safety Code § 123110, Cal. Health & Safety Code § 123120)

• Medical Board of California — Central Complaint Unit

  physicians (lists 'failure to provide records' as a complaint type) · 1-800-633-2322

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in California

1. Ask the provider's medical records (health information) department for its request form, or write your own request with your name, date of birth, dates of care, the records you want, and the format (paper or electronic).
2. Keep a copy and note the date — the 15 days clock runs from when the provider receives it.
3. If the deadline passes or the bill exceeds the rules above, use the complaint routes on this page.

Templates and step-by-step help are on the records-access hub. Find a California hospital's records office, or browse hospitals in California.

Common questions about California medical records