State medical records law
Nebraska medical records laws
How do I get my medical records in Nebraska, and what can a provider charge?
A Nebraska provider must send copies within 30 days of your written request; if you only want to examine (inspect) your records, it must allow that within 10 days, or up to 21 days if it notifies you of a delay. Nebraska caps charges at a $20 handling fee plus $0.50 per page; records that cannot be copied on a standard photocopier (such as X-rays) may be billed at reasonable cost of labor and materials. Copies are free for patients applying for or appealing Social Security, Medicaid, or child-assistance benefits. HIPAA's cost-based limit still applies to a patient's own request.
- Response deadline
- 30 days
- Copy fees
- $0.50/page
- Retention
- No state rule found
How Nebraska differs from federal HIPAA
- Inspection deadline is faster than HIPAA: 10 days (21 with delay notice).
- Sets a dollar cap ($20 handling + $0.50/page); HIPAA bars search/handling fees not tied to actual copying cost.
- Free copies for Social Security, Medicaid, and child-assistance benefit claims.
- Mental-health practitioners may withhold records not in the patient's best interest.
How long a provider has to respond
A Nebraska provider must send copies within 30 days of your written request; if you only want to examine (inspect) your records, it must allow that within 10 days, or up to 21 days if it notifies you of a delay.(Neb. Rev. Stat. § 71-8403)
What a provider can charge
Nebraska caps charges at a $20 handling fee plus $0.50 per page; records that cannot be copied on a standard photocopier (such as X-rays) may be billed at reasonable cost of labor and materials. Copies are free for patients applying for or appealing Social Security, Medicaid, or child-assistance benefits. HIPAA's cost-based limit still applies to a patient's own request.(Neb. Rev. Stat. § 71-8404, Neb. Rev. Stat. § 71-8405, 45 CFR 164.524)
- Paper copies
- $0.50 per page
- handling fee (max)
- Up to $20.00
- When copies are free
- Free when the patient requests records to support an application or appeal for child assistance, Medicaid (Medical Assistance Act), or Social Security Title II, XVI or XVIII benefits, with a statement from the agency.
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: In Nebraska a person is a minor until age 19 (or earlier marriage).(Neb. Rev. Stat. § 43-2101)
- mental health: A treating physician, psychologist, or mental health practitioner may withhold mental-health records if release is judged not in the patient's best interest, unless a court orders release.(Neb. Rev. Stat. § 71-8403)
- other: The records-access statutes do not apply to releases under the Nebraska Workers' Compensation Act.(Neb. Rev. Stat. § 71-8407)
If a provider doesn't comply
No state private right of action for denied access was found in §§ 71-8401 to 71-8407; § 71-8406 gives providers good-faith immunity for disclosures. HIPAA has no private right of action — file with HHS OCR or Nebraska DHHS.(Neb. Rev. Stat. § 71-8406)
Nebraska DHHS, Division of Public Health — Public Health Investigations
licensed health professionals and licensed businesses · 402-471-0175
HIPAA violations by any covered entity, within 180 days
How to request your records in Nebraska
- 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 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 Nebraska hospital's records office, or browse hospitals in Nebraska.
Common questions about Nebraska medical records
How long does a Nebraska provider have to give me copies of my records?
Nebraska law requires copies within 30 days of your written request. If you only want to look at your records, the provider must allow it within 10 days, or within 21 days if it notifies you of a delay.(Neb. Rev. Stat. § 71-8403)
How much can a Nebraska provider charge for copies?
No more than a $20 handling fee plus $0.50 per page. X-rays and records that can't be photocopied may be billed at the reasonable cost of labor and materials.(Neb. Rev. Stat. § 71-8404)
Are copies ever free in Nebraska?
Yes. Providers cannot charge you for records you request to support an application or appeal for Social Security, Medicaid, or child-assistance benefits, if you include a statement from the agency.(Neb. Rev. Stat. § 71-8405)
Can a Nebraska provider refuse to release my mental health records?
A treating physician, psychologist, or mental health practitioner may withhold mental health records if releasing them is judged not in your best interest, unless a court orders release.(Neb. Rev. Stat. § 71-8403)
When does my child stop being a minor for records purposes in Nebraska?
Nebraska's age of majority is 19, or earlier if the person marries.(Neb. Rev. Stat. § 43-2101)
Where can I complain if a Nebraska provider won't release my records?
You can file with Nebraska DHHS Public Health Investigations (402-471-0175) or with the HHS Office for Civil Rights within 180 days.(Nebraska DHHS Public Health Investigations)
Sources
Checked against official sources on November 3, 2026.
- Neb. Rev. Stat. § 71-8403 — Access to medical records
- Neb. Rev. Stat. § 71-8404 — Access; charges
- Neb. Rev. Stat. § 71-8405 — Charges; exemptions
- Neb. Rev. Stat. § 71-8406 — Good-faith immunity for providers
- Neb. Rev. Stat. § 71-8407 — Workers' compensation exclusion
- Neb. Rev. Stat. § 43-2101 — Age of majority
- 175 Neb. Admin. Code ch. 9 § 006 — Hospitals — standards of operation, care and treatment (Cornell LII mirror) (official text via a public mirror)
- Nebraska DHHS Public Health Investigations — Public complaint form (health professionals and businesses)
- 45 CFR 164.524 — HIPAA right of access