PATIENTS’ RIGHT TO ACCESS MEDICAL RECORDS:

Many individuals are complaining that their health care providers refuse to provide them with their medical records. The most important thing you can do is know your rights and make all requests in writing certified mail return receipt requested.

Montana Law provides that upon receipt of a written request from a patient to examine or copy all or part of the patient’s recorded health care information, a health care provider, as promptly as required under the circumstances but no later than 10 days after receiving the request shall:

a. Make the information available without charge during business hours.

b. Inform the patient the information does not exist or cannot be found.

c. Inform the patient that the records are maintained by a third party and where they may be obtained.

d. If there is an unusual delay, provide a clear written explanation of the reason for delay, under which circumstances the health care provider would have 21 days.

Unfortunately, most health care providers will charge for records. Montana Law allows a reasonable fee defined as $15 to search for the file and $0.50 per page copied. So you will likely have to pay for the records.

Concerning situations where a heath care provider refuses to provide the records they must justify the refusal with a clear written explanation. These circumstances include serious harm to the patient if the records are disclosed, or the records contain substantial information of confidential information concerning others.