Maine medical records laws

How Maine differs from federal HIPAA

• Sets hard dollar caps on copy fees ($5 first page + $0.45/page, $250 max paper; $150 max electronic) — HIPAA has no dollar cap but requires cost-based fees.
• Expressly bars retrieval fees for electronic copies, consistent with HIPAA.
• Adopts HIPAA's 30-day timing for HIPAA-covered providers; others must act 'within a reasonable time.'

How long a provider has to respond

Maine law adopts the HIPAA timing for HIPAA-covered hospitals and practitioners (30 days, one 30-day extension with written notice); providers not covered by HIPAA must release records 'within a reasonable time.'(22 M.R.S. § 1711, 22 M.R.S. § 1711-B, 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

Hospitals and practitioners may charge only reasonable costs, capped for paper copies at $5 for the first page and 45 cents per additional page (maximum $250 for the whole record) and $150 for electronic copies. HIPAA-covered providers must also keep patient fees within HIPAA's reasonable, cost-based limit; hospitals may require payment before responding.(22 M.R.S. § 1711, 22 M.R.S. § 1711-A, 131st Maine Legislature, LD 2151 legislative history, 45 CFR 164.524)

Paper copies

$5 first page + $0.45 each additional page (paper), max $250

first-page charge (max)

Up to $5.00

Electronic copies

Must be provided electronically if the record exists electronically and it is reasonably possible; charge limited to actual staff time, supplies and postage, capped at $150, with no retrieval fee or technology/storage 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: 7 years; for minors, at least 6 years after the patient reaches the age of majority(10-144 C.M.R. ch. 112, § 3.5.5)

Minors and sensitive records

• Minors: A parent, guardian or guardian ad litem may receive a minor's treatment records, but the access law does not override a minor's right to confidential treatment that the minor legally consented to under Maine's minors-consent law (Title 22, chapter 260).(22 M.R.S. § 1711-B)
• other: If a hospital or practitioner believes releasing records directly to the patient would be detrimental to the patient's health, it may instead release them to the patient's authorized representative on the patient's signed authorization. Practitioners may also withhold personal notes not directly related to treatment and FDA clinical-trial information.(22 M.R.S. § 1711, 22 M.R.S. § 1711-B)

If a provider doesn't comply

22 M.R.S. § 1711-B treats each day a practitioner delays release beyond a reasonable time as a separate violation subject to a civil forfeiture (the section references a $100 maximum). HIPAA has no private right of action; HIPAA complaints go to HHS OCR.(22 M.R.S. § 1711-B)

• Maine Board of Licensure in Medicine

  allopathic physicians (MDs) and physician assistants · (207) 287-3601

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in Maine

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 Maine hospital's records office, or browse hospitals in Maine.

Common questions about Maine medical records