New York medical records laws

How New York differs from federal HIPAA

• Faster: inspection must be allowed within 10 days of a written request (HIPAA allows 30 days).
• Paper copies capped at $0.75 per page and at the provider's actual cost.
• Copies needed for government benefit applications, claims or appeals must be free.
• Denials can be appealed at no cost to a state medical record access review committee, then to court.

How long a provider has to respond

After a written request, a New York provider must let you inspect your records within 10 days and must send copies within a reasonable time; HIPAA's 30-day limit (one 30-day extension with written notice) is the federal outer limit for copies.(N.Y. Pub. Health Law § 18, 45 CFR 164.524)

What a provider can charge

Charges cannot exceed the provider's costs, and paper copies are capped at $0.75 per page. Copies needed for a government benefit application, claim or appeal must be free, and you cannot be denied access only because you cannot pay.(N.Y. Pub. Health Law § 18)

Paper copies

$0.75 per page (paper copies), not more than the provider's actual cost

Electronic copies

No state per-page rate for electronic copies found; HIPAA's reasonable cost-based fee applies

When copies are free

No charge when the records are needed to support an application, claim or appeal for a government benefit or program; access cannot be denied solely because of inability to pay

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

• Physicians: At least 6 years; obstetrical records and minors' records at least 6 years and until one year after the minor turns 18(N.Y. Educ. Law § 6530(32), (40))
• Hospitals: At least 6 years from discharge; minors at least 3 years after age 18 if longer; or at least 6 years after death(10 NYCRR 405.10(a)(4), (a)(7))
• Diagnostic and treatment centers (clinics): At least 6 years after the last date of service; minors 3 years after reaching majority if longer(10 NYCRR 751.7(j))

Minors and sensitive records

• Minors: A parent or guardian may inspect a minor's records for care the parent consented to (or emergency care), but not when the provider determines access would harm the provider's relationship with the minor or the minor's care. A patient over 12 may be told of a parent's request and may object, and the provider may then deny it.(N.Y. Pub. Health Law § 18)
• mental health: Clinical records of mental hygiene facilities are governed by Mental Hygiene Law § 33.16: inspection within 10 days of a written request, copies within a reasonable time at no more than $0.75 per page, possible denial if access could cause substantial and identifiable harm, and a free appeal to a clinical record access review committee.(N.Y. Mental Hyg. Law § 33.16 (2015 text))
• other: A provider may withhold a practitioner's personal notes and observations, and may deny access where review could reasonably cause substantial and identifiable harm to the patient or others.(N.Y. Pub. Health Law § 18)

If a provider doesn't comply

If access is denied, you can get a free review by a medical record access review committee designated by the Health Commissioner, then bring a court proceeding within 30 days of the committee's decision. Failing to give qualified persons access to patient information is professional misconduct for physicians.(N.Y. Pub. Health Law § 18, N.Y. Educ. Law § 6530(32), (40))

• NYS Department of Health, Office of Professional Medical Conduct (OPMC)

  physicians, physician assistants and specialist assistants

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in New York

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 10 days 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 New York hospital's records office, or browse hospitals in New York.

Common questions about New York medical records