State medical records law
Virginia medical records laws
How do I get my medical records in Virginia, and what can a provider charge?
A Virginia health care entity must furnish your records, or tell you they don't exist, where they are, or that access is denied, within 30 days of receiving your request. When you request your own records, Virginia allows only a reasonable cost-based fee for copying supplies and labor, postage if mailed, and any summary you agreed to. Higher per-page caps plus a search fee apply only to requests made by a patient, attorney or insurer in anticipation of or during litigation.
- Response deadline
- 30 days
- Copy fees
- State fee schedule
- Retention — practitioners (physicians and other licensed practitioners)
- At least 6 years after the last patient encounter (not required beyond 12 years from creation); minors' records until age 18 or emancipation, with the 6-year minimum still applying
How Virginia differs from federal HIPAA
- Patient-request fees mirror HIPAA's cost-based standard (copying supplies/labor and postage only).
- Adds a court remedy (expenses, costs, attorney fees) for willful refusal on litigation-related requests; HIPAA has no private right of action.
- Practitioner retention rule (6 years; minors to 18) where HIPAA sets none for medical records.
How long a provider has to respond
A Virginia health care entity must furnish your records, or tell you they don't exist, where they are, or that access is denied, within 30 days of receiving your request.(Va. Code § 32.1-127.1:03 (history through 2026, c. 248))
What a provider can charge
When you request your own records, Virginia allows only a reasonable cost-based fee for copying supplies and labor, postage if mailed, and any summary you agreed to. Higher per-page caps plus a search fee apply only to requests made by a patient, attorney or insurer in anticipation of or during litigation.(Va. Code § 32.1-127.1:03 (history through 2026, c. 248), Va. Code § 8.01-413 (history through 2025, c. 182))
- Paper copies
- Patient's own request: reasonable cost-based fee (copying supplies/labor + postage). Litigation requests: $0.50/page (first 50), $0.25/page after, + up to $20 search/handling
- Electronic copies
- Patient's own request: same cost-based standard. Litigation requests: $0.37/page (first 50), $0.18/page after, up to $20 search/handling, total capped at $160 per request; imaging up to $25 per study plus up to $10 search/handling.
- When copies are free
- Under § 8.01-413, one free copy per calendar year of electronic health records for certain Social Security or needs-based benefit claims.
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
- Practitioners (physicians and other licensed practitioners): At least 6 years after the last patient encounter (not required beyond 12 years from creation); minors' records until age 18 or emancipation, with the 6-year minimum still applying(Va. Code § 54.1-2910.4)
Minors and sensitive records
- Minors: Practitioners must keep a minor's records until the child turns 18 or is emancipated, and for at least 6 years after the last encounter.(Va. Code § 32.1-127.1:03 (history through 2026, c. 248), Va. Code § 54.1-2910.4)
- mental health: Patients have no right under § 32.1-127.1:03 to copies of psychotherapy notes. Access may be denied if a treating provider documents that release is reasonably likely to endanger the life or physical safety of the patient or another person; the patient may request review by another qualified professional.(Va. Code § 32.1-127.1:03 (history through 2026, c. 248))
If a provider doesn't comply
For requests made in anticipation of or during litigation, a court that finds a provider willfully refused to comply may award the patient's expenses to obtain the copies, including fee refunds, court costs and reasonable attorney fees (Va. Code § 8.01-413). Licensed practitioners can also be reported to the Department of Health Professions. HIPAA has no private right of action.(Va. Code § 8.01-413 (history through 2025, c. 182), Virginia Department of Health Professions — File a Complaint)
Virginia Department of Health Professions — Enforcement Division
licensed health practitioners under all 13 DHP boards (including the Board of Medicine) · 1-800-533-1560 or (804) 367-4691
HIPAA violations by any covered entity, within 180 days
How to request your records in Virginia
- 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 Virginia hospital's records office, or browse hospitals in Virginia.
Common questions about Virginia medical records
How long does a Virginia provider have to give me my records?
Within 30 days of receiving your request, the provider must give you the records, tell you they don't exist or can't be found, tell you who holds them, or deny the request in line with the law.(Va. Code § 32.1-127.1:03 (history through 2026, c. 248))
How much can a Virginia provider charge for my own records?
For your own request, Virginia allows only a reasonable cost-based fee covering copying supplies and labor, postage if you asked for mailing, and any summary you agreed to.(Va. Code § 32.1-127.1:03 (history through 2026, c. 248))
Why are fees higher when my lawyer requests my records?
Requests made in anticipation of or during litigation fall under a separate law that allows up to $0.50 per page for the first 50 pages, $0.25 per page after that, up to $20 for search and handling, and postage; electronic copies are capped at $160 per request.(Va. Code § 8.01-413 (history through 2025, c. 182))
Can a Virginia provider refuse to give me my records?
Only on limited grounds, such as a treating provider documenting that release is reasonably likely to endanger your life or physical safety or someone else's. You can ask for that decision to be reviewed by another qualified professional. You have no right to psychotherapy notes.(Va. Code § 32.1-127.1:03 (history through 2026, c. 248))
How long do Virginia doctors keep medical records?
Practitioners must keep records at least 6 years after your last visit and need not keep them more than 12 years from creation. Children's records must be kept until age 18 or emancipation, and for at least 6 years after the last visit.(Va. Code § 54.1-2910.4)
Where can I complain about a Virginia provider?
You can file a complaint about a licensed practitioner with the Department of Health Professions online or by calling 1-800-533-1560 or (804) 367-4691. HIPAA complaints go to the HHS Office for Civil Rights within 180 days.(Virginia Department of Health Professions — File a Complaint)
Sources
Checked against official sources on November 3, 2026.
- Va. Code § 32.1-127.1:03 (history through 2026, c. 248) — Health records privacy — patient access (subsec. E, F) and fees (subsec. J)
- Va. Code § 8.01-413 (history through 2025, c. 182) — Copies of health records for patient, attorney or insurer in anticipation of or during litigation; damages
- Va. Code § 54.1-2910.4 — Health record retention (practitioners)
- Virginia Department of Health Professions — File a Complaint — DHP Enforcement Division complaint page