North Dakota medical records laws

How North Dakota differs from federal HIPAA

• Sets a flat-plus-per-page fee cap ($20 / first 25 paper pages, $0.75 after; $30 / first 25 electronic pages, $0.25 after); HIPAA's cost-based limit still governs a patient's own request if lower.
• Requires free copies to another provider for continuing care.
• No state response deadline; HIPAA's 30 days applies.

How long a provider has to respond

North Dakota law sets no deadline for providing records, so HIPAA applies: the provider must respond within 30 days, with one 30-day extension if it explains the delay in writing.(N.D. Cent. Code § 23-12-14, 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

For paper or fax copies, a provider may charge no more than $20 for the first 25 pages and 75 cents per page after that; electronic copies are capped at $30 for the first 25 pages and 25 cents per page after that. These amounts include any administration fee, retrieval fee and postage. For a patient's own request, HIPAA's reasonable cost-based limit also applies.(N.D. Cent. Code § 23-12-14, 45 CFR 164.524)

Paper copies

Paper: up to $20 for the first 25 pages, then $0.75/page; electronic: up to $30 for the first 25 pages, then $0.25/page

maximum charge for the first 25 paper pages (includes administration, retrieval and postage)

Up to $20.00

Electronic copies

Up to $30 for the first 25 pages, then $0.25 per page

When copies are free

A free copy must be provided to another health care provider when needed for the patient's continuing care

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 the patient was last treated; if the patient was under 18 at last treatment, until the later of age 21 or 10 years after last treatment; records tied to unresolved litigation may not be destroyed(N.D. Admin. Code 33-07-01.1-20 (amended eff. Jan. 1, 2024))

Minors and sensitive records

• Minors: Hospital records of patients under 18 at their last treatment must be kept until the later of the patient's 21st birthday or 10 years after last treatment.(N.D. Admin. Code 33-07-01.1-20 (amended eff. Jan. 1, 2024))

If a provider doesn't comply

• North Dakota Board of Medicine (investigative panels)

  physicians and other Board licensees; any person may submit a written complaint

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in North Dakota

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 North Dakota hospital's records office, or browse hospitals in North Dakota.

Common questions about North Dakota medical records