State medical records law
Montana medical records laws
How do I get my medical records in Montana, and what can a provider charge?
A Montana provider must act on your written request within 10 days; if it needs more time it must tell you in writing and respond no later than 21 days after the request. Copies may cost no more than $0.50 per paper page plus an administrative search-and-handling fee of up to $15. Inspecting your records in person during business hours is free, and the provider may hold copies until the copy fee is paid.
- Response deadline
- 10 days
- Copy fees
- $0.50/page
- Retention — hospitals
- At least 10 years after discharge or death; for minors, 10 years after the patient reaches the age of majority (18) or dies, whichever is earlier
How Montana differs from federal HIPAA
- Fixed fee cap: $0.50/page + up to $15 administrative fee; HIPAA has no dollar cap and does not allow search fees.
- Free in-person inspection during business hours.
- Private right of action with damages and attorney fees; HIPAA has none.
- Provider need not create a new record or reformat an existing one.
How long a provider has to respond
A Montana provider must act on your written request within 10 days; if it needs more time it must tell you in writing and respond no later than 21 days after the request.(Mont. Code Ann. § 50-16-541)
What a provider can charge
Copies may cost no more than $0.50 per paper page plus an administrative search-and-handling fee of up to $15. Inspecting your records in person during business hours is free, and the provider may hold copies until the copy fee is paid.(Mont. Code Ann. § 50-16-541, Mont. Code Ann. § 50-16-540)
- Paper copies
- $0.50 per page (paper copy)
- administrative fee for searching and handling (max)
- Up to $15.00
- When copies are free
- Examining (inspecting) records during regular business hours is free.
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: At least 10 years after discharge or death; for minors, 10 years after the patient reaches the age of majority (18) or dies, whichever is earlier(Admin. R. Mont. 37.106.402)
Minors and sensitive records
- Minors: Montana's age of majority is 18. Hospital retention for minors runs 10 years from age 18 (or death, if earlier).(Admin. R. Mont. 37.106.402)
- mental health: Records of treatment under Montana's mental-health commitment/treatment law (Title 53, ch. 21) are confidential, with listed exceptions.(Mont. Code Ann. § 53-21-166)
- hiv: HIV test records are confidential under a specific statute with penalties for unlawful disclosure.(Mont. Code Ann. § 50-16-1009)
- other: Under federal HIPAA, psychotherapy notes are excluded from the right of access.(45 CFR 164.524)
If a provider doesn't comply
Montana gives patients a private right of action: a court may order injunctive relief, award actual (pecuniary) damages, up to $5,000 more for willful or grossly negligent violations, and attorney fees. Suit must be filed within 3 years.(Mont. Code Ann. § 50-16-553)
Montana Board of Medical Examiners (Dept. of Labor & Industry)
physicians and other Board licensees · (406) 841-2362
HIPAA violations by any covered entity, within 180 days
How to request your records in Montana
- 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 10 days 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 Montana hospital's records office, or browse hospitals in Montana.
Common questions about Montana medical records
How long does a provider in Montana have to give me my records?
Montana law requires the provider to act within 10 days of your written request. If it needs more time, it must tell you in writing and respond no later than 21 days after the request.(Mont. Code Ann. § 50-16-541)
How much can a Montana provider charge for copies?
No more than $0.50 per paper page, plus an administrative search-and-handling fee of up to $15. Looking at your records in person during regular business hours is free.(Mont. Code Ann. § 50-16-541, Mont. Code Ann. § 50-16-540)
Can they refuse to give me my records because I owe them money?
Under HIPAA, access cannot be withheld because of an unpaid medical bill. Montana law does let the provider hold copies until the copy fee itself is paid.(Mont. Code Ann. § 50-16-541)
How long do Montana hospitals and clinics keep medical records?
Hospitals must keep records at least 10 years after discharge or death; other licensed health care facilities at least 6 years. No general state rule was found for physician offices.(Admin. R. Mont. 37.106.402, Admin. R. Mont. 37.106.314)
How long are a child's hospital records kept in Montana?
Hospitals must keep a minor's records for 10 years after the patient turns 18 (the age of majority) or dies, whichever comes first.(Admin. R. Mont. 37.106.402)
Where can I complain if a Montana provider won't release my records?
You can file with the Montana Board of Medical Examiners (complaints line (406) 841-2362) or with HHS Office for Civil Rights within 180 days. Montana law also allows a civil lawsuit within 3 years.(Mont. Code Ann. § 50-16-553, Montana Board of Medical Examiners (DLI))
Sources
Checked against official sources on November 3, 2026.
- Mont. Code Ann. § 50-16-541 — Uniform Health Care Information Act — patient's examination and copying (MCA 2025)
- Mont. Code Ann. § 50-16-540 — Reasonable fees allowed (MCA 2025)
- Mont. Code Ann. § 50-16-553 — Civil remedies (MCA 2025)
- Mont. Code Ann. § 50-16-543 — Request for correction or amendment (MCA 2025)
- Admin. R. Mont. 37.106.402 — Hospital medical records — DPHHS minimum standards (2025 compilation)
- Admin. R. Mont. 37.106.314 — Minimum standards for all health care facilities: medical records (official text via a public mirror)
- Mont. Code Ann. § 53-21-166 — Records to be confidential — exceptions (mental health)
- Mont. Code Ann. § 50-16-1009 — Confidentiality of HIV test records
- Montana Board of Medical Examiners (DLI) — Board contact page
- 45 CFR 164.524 — HIPAA right of access