State medical records law
Idaho medical records laws
How do I get my medical records in Idaho, and what can a provider charge?
Idaho has no state deadline for providing patients their records, so HIPAA applies: 30 days, with one 30-day extension if the provider notifies you in writing. Idaho has no statute capping copy fees; under HIPAA, a provider may charge only a reasonable cost-based fee for labor, supplies and postage, with no search or retrieval fee. A 2024 bill (S.B. 1395) that would have set state fees died in the House.
- Response deadline
- 30 days (HIPAA)
- Copy fees
- Reasonable, cost-based (HIPAA)
- Retention
- No state rule found
How long a provider has to respond
Idaho has no state deadline for providing patients their records, so HIPAA applies: 30 days, with one 30-day extension if the provider notifies you in writing.(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
Idaho has no statute capping copy fees; under HIPAA, a provider may charge only a reasonable cost-based fee for labor, supplies and postage, with no search or retrieval fee. A 2024 bill (S.B. 1395) that would have set state fees died in the House.(45 CFR 164.524)
- Paper copies
- No state cap — HIPAA reasonable cost-based fee
- Electronic copies
- No state rule; HIPAA cost-based fee applies.
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.
Minors and sensitive records
- Minors: No Idaho minor-specific record-access rule found; under HIPAA a parent is generally the minor's personal representative. Hospital x-ray films must be kept until at least 5 years after the patient reaches majority.(45 CFR 164.524, Idaho Code § 39-1394)
If a provider doesn't comply
Failure to transfer pertinent and necessary records to another provider when requested is unprofessional conduct subject to Board of Medicine discipline. No state private right of action found; HIPAA has none — file with DOPL or HHS OCR.(IDAPA 24.33.01.300.03.h)
Idaho Division of Occupational and Professional Licenses (Board of Medicine)
physicians and other licensed health professionals · 208-334-3233
HIPAA violations by any covered entity, within 180 days
How to request your records in Idaho
- 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).
- Keep a copy and note the date — the 30 days (HIPAA) clock runs from when the provider receives it.
- 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 Idaho hospital's records office, or browse hospitals in Idaho.
Common questions about Idaho medical records
How long does an Idaho provider have to give me my records?
Idaho has no state deadline, so federal HIPAA applies: 30 days, with one 30-day extension if you are told in writing.(45 CFR 164.524)
How much can an Idaho provider charge for copies?
Idaho sets no fee cap. Under HIPAA, providers may charge only a reasonable cost-based fee for labor, supplies and postage, and no search or retrieval fee.(45 CFR 164.524)
Can my doctor refuse to send my records to my new doctor?
The Idaho Board of Medicine treats failure to transfer pertinent and necessary records to another provider on request as unprofessional conduct.(IDAPA 24.33.01.300.03.h)
How long do Idaho hospitals keep records?
Idaho law sets no general retention period. Hospitals may destroy lab test records 5 years after the test and x-ray films 5 years after exposure or 5 years after the patient reaches adulthood, whichever is later.(Idaho Code § 39-1394)
Where can I complain about an Idaho provider?
File with the Division of Occupational and Professional Licenses online or at 208-334-3233. HIPAA complaints go to HHS OCR within 180 days.(Idaho DOPL — File a Complaint)
Sources
Checked against official sources on November 3, 2026.
- 45 CFR 164.524 — HIPAA right of access
- Idaho Code § 39-1394 — Patient care records — retention — authentication (hospitals)
- IDAPA 16.03.14.360 — Hospital rules — medical records (official text via a public mirror)
- IDAPA 24.33.01.300.03.h — Idaho Board of Medicine — unprofessional conduct
- Idaho DOPL — File a Complaint — Division of Occupational and Professional Licenses complaints