Rhode Island medical records laws

How Rhode Island differs from federal HIPAA

• Physicians have a firm 30-day deadline with no extension in the state rule; HIPAA allows one 30-day extension.
• Statute caps total page charges at $100 and handling at $25.
• Copies must be free for benefit claims/appeals, school immunization records, workers' compensation and provider-to-provider consults.
• Physicians may not require payment of medical bills before providing a copy.
• State confidentiality act provides a private civil remedy (HIPAA has none).

How long a provider has to respond

Rhode Island physicians must provide requested records within 30 days of receiving a written request; the state rule provides no extension (HIPAA's 30 days plus one 30-day extension is the floor for other providers).(216-RICR-40-05-1, § 1.5.12, RIDOH — Fees for Copying Patient Medical Records, 45 CFR 164.524)

What a provider can charge

R.I. Gen. Laws § 23-1-48 caps charges at a $25 handling fee plus $0.50 per page for the first 100 pages and $0.25 per page after (page charges never over $100), plus actual shipping for paper; x-rays cost actual materials plus up to $25. The physician rule ties patient fees to HIPAA's cost-based standard, bars retrieval or certifying fees for patients, and requires free copies for benefit claims and several other purposes.(216-RICR-40-05-1, § 1.5.12, R.I. Gen. Laws § 23-1-48, RIDOH — Fees for Copying Patient Medical Records)

Paper copies

Statutory cap: up to $25 handling (incl. retrieval and shipping) plus $0.50/page for the first 100 pages and $0.25/page after, page charges capped at $100; patients cannot be charged retrieval or certifying fees

maximum clerical/research/handling fee under § 23-1-48 (retrieval fees may not be charged to patients by physicians)

Up to $25.00

Electronic copies

Electronic copies: handling fee up to $25 inclusive of shipping, data retrieval and storage device, plus the same per-page rates; a $10 special handling fee is allowed for delivery within 48 hours.

When copies are free

No charge for school-entry immunization records; records supporting Social Security or other needs-based benefit claims or appeals (e.g., Medical Assistance, RIte Care, TDI, unemployment); civil court certification or workers' compensation claims; and provider-to-provider transfers for consultation.

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

• Physician offices: At least 7 years, unless other law requires longer (216-RICR-40-05-1 § 1.5.12(C))(216-RICR-40-05-1, § 1.5.12)

Minors and sensitive records

• other: Rhode Island's Confidentiality of Health Care Communications and Information Act (ch. 5-37.3) restricts disclosure of health information without the patient's consent; violations can bring actual and exemplary damages and criminal fines.(R.I. Gen. Laws § 5-37.3-9)
• mental health: A provider need not disclose information that, in the treating physician's professional judgment, would be injurious to the patient's mental or physical health (§ 5-37-22).(R.I. Gen. Laws § 5-37-22)

If a provider doesn't comply

• Rhode Island Department of Health — Board of Medical Licensure and Discipline

  physicians

• HHS Office for Civil Rights

  HIPAA violations by any covered entity, within 180 days

How to request your records in Rhode Island

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 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 Rhode Island hospital's records office, or browse hospitals in Rhode Island.

Common questions about Rhode Island medical records