HEALTH CARE PROVIDER: Pursuant to California Health and Safety Code section 123105, the definition of a health care provider includes licensed health facilities, clinics, physicians, surgeons, dentists, chiropractors, podiatrists, optometrists, marriage counselors, and a few other persons/agencies licensed by the state to provide health care. You should read this section if you need to determine something about your particular situation.

"PATIENT REPRESENTATIVE" or "REPRESENTATIVE": A patient representative is defined as a parent or the guardian of a minor who is a patient, or the guardian or conservator of the person of an adult patient, or the beneficiary or personal representative of a deceased patient.

PATIENT RECORDS: See below in section entitled "What Must Be Provided By The Health Care Provider."

The persons allowed to inspect their patient records include:
1) the adult patient of a health care provider
2) any minor patient authorized by law to consent to medical treatment, and
3) any patient representative

EXCEPTION: Pursuant to California Health and Safety Code section 123115, the representative of a minor shall not be entitled to inspect or obtain copies of the minor's patient records in either of the following situations:
1) The minor has the right to inspect as allowed in number 2 above
2) Where the health care provider determines that allowing access to the patient's records would be harmful to either a) the relationship between the health care provider and the minor patient, or b) the minor's physical safety, or c) the minor's psychological well-being.

The health care provider must provide for inspection of "Patient Records" - defined in California Health and Safety Code section 123105(d) as: "records in any form or medium maintained by, or in the custody or control of, a health care provider relating to the health history, diagnosis, or condition of a patient, or relating to treatment provided or proposed to be provided to the patient."

Excluded from this definition is information given in confidence to a health care provider by a person other than the patient (or another health care provider). Also excluded is information contained in aggregate form, such as indices, registers, or logs.

Also, a health care provider does not need to provide to the patient copies of x-rays (and a few other technical records identified in California Health and Safety Code section 123110(c)) that they have sent elsewhere pursuant to a patient's written request.

Finally, the health care provider may choose to prepare a summary of the record and provide that instead of the entire record. The summary must be prepared in accordance with the specific requirements set forth in California Health and Safety Code section 123130.

A health care provider must allow inspection of patient records within five (5) working days of receiving the patient's written request. The inspection need only be permitted during business hours. Further, payment of reasonable clerical costs associated with locating and making the records available may be demanded prior to allowing the inspection.

With respect to obtaining copies, the health care provider must transmit copies within fifteen (15) days of receiving the patient's written request. However, if they are requested for an appeal for certain public benefit programs (Medi-Cal, SSDI, SSI/SPI), then the health care provider must transmit them within thirty (30) days, instead of fifteen (15) days. Payments of costs, discussed below, may be demanded prior to providing the copies.

Additionally, the health care provider may require proof of your identity before providing you records to inspect or copy. If you delay in providing proof of identity, it could delay your inspection or copying of your records.

NOTE: a health care provider is not allowed to prevent you access to your medical records for the sole reason that you have an unpaid medical bill. Even if you have an unpaid medical bill, you are still entitled to inspect or get copies of your medical records.

Generally, yes. For inspections, a health care provider has a right to charge for reasonable clerical costs associated with locating and making the records available.

For copies, the health care provider can charge, in addition to the clerical charge for locating and making the records available, a copying fee not to exceed twenty-five cents ($0.25) per page, or fifty cents ($0.50) per page for copies made from microfilm.

However, if the patient proves that the records are needed to support an appeal regarding eligibility for certain public benefit programs (Medi-Cal, SSDI, SSI/SPI), then the patient is entitled to one free copy of the relevant portions of the medical record, unless a private attorney representing the patient for the appeal is paying for the costs of the appeal. If the patient wins the appeal, the health care provider can then charge the patient for those costs indicated above. Additionally, if the records are requested for this purpose, the health care provider must transmit them within thirty (30) days, instead of fifteen (15) days.

There are special rules regarding the following:

• mental health records;
• alcohol and drug abuse records;
• records regarding communicable disease carriers