Delaware medical records laws

How Delaware differs from federal HIPAA

• State deadline (45 days from closure/assembly of the record) is looser than HIPAA's 30 days, so HIPAA's deadline controls.
• State sets a tiered per-page ceiling for physicians; HIPAA's cost-based limit can be lower for a patient's own copies.
• Prepayment cannot be required for records needed for a disability benefits application.

How long a provider has to respond

Delaware's physician statute allows 45 days from closure or assembly of the record, but HIPAA's stricter 30-day deadline (one 30-day extension with written notice) controls for your own records.(24 Del. C. § 1761, 45 CFR 164.524)

Under 45 CFR § 164.524, a provider may take one 30-day extension only if it tells you in writing, within the first 30 days, why and when you will get the records.

What a provider can charge

The Board of Medical Licensure and Discipline schedule (effective 2009) caps physician copy charges at a reasonable fee up to $2.00/page for pages 1–10, $1.00 for 11–20, $0.90 for 21–60 and $0.50 from page 61, plus actual shipping; items that cannot be photocopied (e.g., films) may be charged at reproduction cost. For a patient's own copies, HIPAA additionally limits the charge to a reasonable cost-based fee, and prepayment may not be required for records needed for a disability benefits application.(24 Del. C. § 1761, 24 Del. Admin. Code 1700-16.0, Delaware Division of Professional Regulation — Medical Record Fees, 45 CFR 164.524)

Paper copies

Tiered cap for physicians: $2.00/page (pages 1–10), $1.00 (11–20), $0.90 (21–60), $0.50 (61+), plus actual postage

Electronic copies

Same per-page schedule applies to electronic records under the Board rule; HIPAA's cost-based limit also applies to patient requests.

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

• Physicians closing a practice, leaving the State, or deceased: Records not procured by patients within 7 years (from the last entry) may be disposed of confidentially after required notice(24 Del. C. § 1761, 84 Del. Laws c. 161 (H.B. 105, approved Aug. 9, 2023))

Minors and sensitive records

• Minors: No Delaware minor-specific record-access rule was found in § 1761 or the Board fee rule; under HIPAA a parent is generally the minor's personal representative.(45 CFR 164.524)

If a provider doesn't comply

• Delaware Division of Professional Regulation (Board of Medical Licensure and Discipline)

  physicians and other licensed professionals · (302) 744-4500

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in Delaware

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 30 days (HIPAA) 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 Delaware hospital's records office, or browse hospitals in Delaware.

Common questions about Delaware medical records