State medical records law
Washington medical records laws
How do I get my medical records in Washington, and what can a provider charge?
A provider must act on a written request within 15 working days; if records are in use or unusual circumstances cause delay, it must tell you in writing why and when, and that date can be no later than 21 working days after your request. Washington caps copying at $1.24/page for the first 30 pages and $0.94/page after, plus up to a $28 clerical fee; HIPAA-covered providers may not charge more than HIPAA allows. A provider may wait for payment before releasing copies, except that one free copy is owed for SSI/SSDI denial appeals.
- Response deadline
- 15 business days
- Copy fees
- $1.24/page
- Retention — hospitals
- At least 26 years from the date the record was created (effective July 27, 2025; applies to older records the hospital still held on that date). Previously 10 years after most recent discharge.
How Washington differs from federal HIPAA
- State sets explicit per-page caps and a $28 clerical fee; HIPAA-covered entities still cannot exceed what HIPAA permits (HIPAA bars search/retrieval fees).
- Free copy required for SSI/SSDI denial appeals.
- State private right of action with mandatory attorneys' fees to the prevailing party; HIPAA has none.
- Hospitals must keep records at least 26 years from creation.
How long a provider has to respond
A provider must act on a written request within 15 working days; if records are in use or unusual circumstances cause delay, it must tell you in writing why and when, and that date can be no later than 21 working days after your request.(RCW 70.02.080)
What a provider can charge
Washington caps copying at $1.24/page for the first 30 pages and $0.94/page after, plus up to a $28 clerical fee; HIPAA-covered providers may not charge more than HIPAA allows. A provider may wait for payment before releasing copies, except that one free copy is owed for SSI/SSDI denial appeals.(RCW 70.02.080, WAC 246-08-400, RCW 70.02.030(2)(b))
- Paper copies
- $1.24 per page for the first 30 pages, $0.94 per page after that
- clerical fee for searching and handling records (max)
- Up to $28.00
- Electronic copies
- WAC 246-08-400 sets no separate electronic rate; HIPAA-covered entities may not charge fees HIPAA does not authorize (45 CFR 164.524 cost-based limits apply).
- When copies are free
- One free copy (paper or electronic, provider's choice) if you are appealing a denial of federal SSI or Social Security disability benefits; not required again if a free copy was given within the preceding two years.
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 26 years from the date the record was created (effective July 27, 2025; applies to older records the hospital still held on that date). Previously 10 years after most recent discharge.(RCW 70.41.190 (as amended by 2025 c 131), SSB 5239 (2025), Session Law 2025 c 131)
Minors and sensitive records
- Minors: When a minor may lawfully consent to care without a parent, only the minor may exercise access rights for information about that care; otherwise a parent may act for the minor.(RCW 70.02.130)
If a provider doesn't comply
A person who has complied with RCW 70.02 may sue a provider or facility that has not; a court may order compliance and award actual damages (not consequential or incidental), and must award reasonable attorneys' fees to the prevailing party. Suit must be filed within two years after the violation is discovered.(RCW 70.02.170)
Washington State Department of Health
licensed health care providers and facilities (physicians and PAs via the Washington Medical Commission) · 360-236-4700
HIPAA violations by any covered entity, within 180 days
How to request your records in Washington
- 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 15 business 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. To find a specific hospital's records office, see hospitals in Washington.
Common questions about Washington medical records
How long does a provider in Washington have to give me my records?
Washington law requires a provider to act within 15 working days of receiving your written request. If the records are in use or unusual circumstances cause delay, the provider must tell you in writing why and the earliest date they will be available, which can be no later than 21 working days after your request.(RCW 70.02.080)
How much can a Washington provider charge for copies?
Under WAC 246-08-400, no more than $1.24 per page for the first 30 pages and $0.94 per page after that, plus a clerical fee of up to $28 for searching and handling. Providers covered by HIPAA may not charge fees HIPAA does not authorize.(WAC 246-08-400)
Can a provider hold my records until I pay?
RCW 70.02.080 lets a provider charge a reasonable fee and wait until it is paid before allowing copying, except for the free copy owed when you are appealing a denial of SSI or Social Security disability benefits.(RCW 70.02.080, RCW 70.02.030(2)(b))
Can I get my records free in Washington?
Yes, in one situation: if you are appealing a denial of federal SSI or Social Security disability benefits, a provider must give you one free copy, unless it already gave you a free copy within the preceding two years.(RCW 70.02.030(2)(b))
How long must Washington hospitals keep my records?
Since July 27, 2025, hospitals must keep medical records for at least 26 years from the date each record was created. This rule covers hospitals only.(RCW 70.41.190 (as amended by 2025 c 131), SSB 5239 (2025), Session Law 2025 c 131)
Where can I complain about a records problem in Washington?
You can file a complaint with the Washington State Department of Health (360-236-4700), which routes physician complaints to the Washington Medical Commission, or file a HIPAA complaint with the HHS Office for Civil Rights within 180 days. Washington law also allows a lawsuit within two years of discovering a violation.(RCW 70.02.170, Washington State Department of Health)
Sources
Checked against official sources on November 3, 2026.
- RCW 70.02.080 — Uniform Health Care Information Act — patient's examination and copying: requirements (official text via a public mirror)
- WAC 246-08-400 — Health care providers charging for searching and duplicating health care records
- RCW 70.02.030(2)(b) — Patient authorization of disclosure — free copy for SSI/SSDI appeals (official text via a public mirror)
- RCW 70.41.190 (as amended by 2025 c 131) — Hospitals — medical records of patients, retention and preservation
- SSB 5239 (2025), Session Law 2025 c 131 — Hospital medical record retention — session law
- RCW 70.02.130 — Minors — exercise of patient rights
- RCW 70.02.170 — Civil remedies
- Washington State Department of Health — File a Complaint About a Provider or Facility