State medical records law
Massachusetts medical records laws
How do I get my medical records in Massachusetts, and what can a provider charge?
Massachusetts has no general deadline shorter than HIPAA: HIPAA-covered providers have 30 days (one 30-day extension with written notice); state law separately requires records for Social Security or needs-based benefit claims within 30 days, and Board rules require physicians to respond 'in a timely manner.' Under c. 111 § 70 (applied to other providers by c. 112 § 12CC and 243 CMR 2.07(13)), the charge may not exceed a $15 base charge, $0.50 per page for the first 100 pages and $0.25 per page after that, plus postage; the amounts may be increased by the medical-care CPI. HIPAA-covered providers must also keep patient fees reasonable and cost-based.
- Response deadline
- 30 days (HIPAA)
- Copy fees
- $0.50/page
- Retention — hospitals and clinics
- May be destroyed 20 years after discharge or final treatment, after notifying the Department of Public Health
How Massachusetts differs from federal HIPAA
- Sets dollar caps on copy fees ($15 base + $0.50/$0.25 per page, CPI-adjustable); HIPAA has no dollar cap but bars search/retrieval fees.
- Copies for Social Security or needs-based benefit claims must be free and furnished within 30 days.
- Physicians may not require payment of an unpaid medical bill before releasing records.
- No general response deadline shorter than HIPAA's 30 days.
How long a provider has to respond
Massachusetts has no general deadline shorter than HIPAA: HIPAA-covered providers have 30 days (one 30-day extension with written notice); state law separately requires records for Social Security or needs-based benefit claims within 30 days, and Board rules require physicians to respond 'in a timely manner.'(M.G.L. c. 111, § 70, M.G.L. c. 112, § 12CC, 243 CMR 2.07(13), Board of Registration in Medicine — Medical Records Obligations, 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
Under c. 111 § 70 (applied to other providers by c. 112 § 12CC and 243 CMR 2.07(13)), the charge may not exceed a $15 base charge, $0.50 per page for the first 100 pages and $0.25 per page after that, plus postage; the amounts may be increased by the medical-care CPI. HIPAA-covered providers must also keep patient fees reasonable and cost-based.(M.G.L. c. 111, § 70, M.G.L. c. 112, § 12CC, 243 CMR 2.07(13), 45 CFR 164.524)
- Paper copies
- $0.50 per page for first 100 pages, $0.25 per page after, plus $15 base charge and postage (CPI-adjustable)
- base charge per request (max)
- Up to $15.00
- When copies are free
- No fee may be charged when records are requested to support a claim or appeal under the Social Security Act or a federal or state needs-based benefit program.
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 and clinics: May be destroyed 20 years after discharge or final treatment, after notifying the Department of Public Health(M.G.L. c. 111, § 70)
- Physician offices: At least 7 years from the last patient encounter, or until a minor patient reaches 18, whichever is longer(243 CMR 2.07(13))
Minors and sensitive records
- Minors: Physicians must keep a minor's records for 7 years after the last encounter or until the patient turns 18, whichever is longer; hospital records are kept 20 years regardless of age.(M.G.L. c. 111, § 70, 243 CMR 2.07(13))
- mental health: A psychotherapist may give a summary instead of the full record if releasing the record would adversely affect the patient's well-being. Records of Department of Mental Health facilities are private under c. 123 § 36 (amended effective Nov. 25, 2025).(M.G.L. c. 112, § 12CC, 243 CMR 2.07(13), M.G.L. c. 123, § 36)
- hiv: HIV test results may not be disclosed without the patient's written consent for each release.(M.G.L. c. 111, § 70F)
If a provider doesn't comply
Physicians may not withhold records because a bill for medical services is unpaid (243 CMR 2.07(13)); complaints go to the Board of Registration in Medicine. HIPAA has no private right of action — file with HHS OCR.(243 CMR 2.07(13))
Massachusetts Board of Registration in Medicine
physicians · (781) 876-8200
Massachusetts Attorney General — Consumer Advocacy & Response
consumer complaints · (617) 727-8400
HIPAA violations by any covered entity, within 180 days
How to request your records in Massachusetts
- 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 Massachusetts hospital's records office, or browse hospitals in Massachusetts.
Common questions about Massachusetts medical records
How long does a Massachusetts provider have to give me my records?
Massachusetts has no general deadline shorter than federal HIPAA: 30 days, with one 30-day extension if you're notified in writing. Records requested for a Social Security or needs-based benefit claim must be provided within 30 days.(M.G.L. c. 111, § 70, Board of Registration in Medicine — Medical Records Obligations, 45 CFR 164.524)
How much can a Massachusetts provider charge?
No more than a $15 base charge, 50 cents per page for the first 100 pages and 25 cents per page after that, plus postage; these caps may be increased by the medical-care CPI. HIPAA-covered providers must also keep fees cost-based.(M.G.L. c. 111, § 70, M.G.L. c. 112, § 12CC, 45 CFR 164.524)
Are copies ever free in Massachusetts?
Yes. No fee may be charged when you request records to support a Social Security claim or appeal or a federal or state needs-based benefit claim.(M.G.L. c. 111, § 70, M.G.L. c. 112, § 12CC)
Can a Massachusetts doctor hold my records until I pay my bill?
No. Board regulations say a physician may not require prior payment of charges for medical services before providing records. The copy fee itself may still be charged.(243 CMR 2.07(13))
How long are medical records kept in Massachusetts?
Physicians keep records at least 7 years from the last visit, or until a minor patient turns 18 if that is longer. Hospital and clinic records may be destroyed 20 years after discharge or final treatment.(M.G.L. c. 111, § 70, 243 CMR 2.07(13))
Where can I complain if a Massachusetts provider won't release my records?
Complaints about physicians go to the Board of Registration in Medicine at (781) 876-8200. You can also contact the Attorney General's consumer hotline at (617) 727-8400, or file a HIPAA complaint with HHS OCR within 180 days.(Board of Registration in Medicine — contact page, Mass. Attorney General — File a consumer complaint)
Sources
Checked against official sources on November 3, 2026.
- M.G.L. c. 111, § 70 — Hospital/clinic records: inspection, copies, fees, retention
- M.G.L. c. 112, § 12CC — Provider records: inspection, copies, reasonable fee, psychotherapist summary
- M.G.L. c. 111, § 70E — Patients' and residents' rights
- 243 CMR 2.07(13) — Board of Registration in Medicine — medical records
- Board of Registration in Medicine — Medical Records Obligations — Agency guidance
- Board of Registration in Medicine — contact page — Board contact
- Mass. Attorney General — File a consumer complaint — AG consumer hotline
- M.G.L. c. 123, § 36 — DMH facility records privacy (amended eff. 2025-11-25)
- M.G.L. c. 111, § 70F — HIV testing and disclosure consent
- 45 CFR 164.524 — HIPAA Privacy Rule — access of individuals to PHI