Yes. Patients generally have a right under HIPAA to request copies of health information in a designated record set after discharge from addiction treatment, subject to limited exceptions. Substance use disorder records may also be protected by 42 CFR Part 2, but Part 2 does not take away a patient’s own right to request access to records.
What records can I usually request?
HHS explains that the HIPAA right of access can include medical records, billing records, case-management records, laboratory results, and other information used to make decisions about the individual. Depending on the program, that may include assessments, treatment plans, medication records, discharge summaries, and clinical notes that are part of the designated record set.
Are psychotherapy notes included?
Not necessarily. HIPAA treats psychotherapy notes differently from most other medical records, and they are generally excluded from the HIPAA right of access. Other types of progress notes may still be accessible if they are part of the designated record set.
How do I request my rehab records?
Contact the treatment program’s medical-records or privacy office and ask for its records-request process. The program may ask you to submit a written or electronic request identifying the records, date range, preferred format, and where the records should be sent.
How long does the provider have to respond?
HIPAA generally requires a covered entity to act on an access request within 30 calendar days. A limited extension can be available when the rule’s requirements are met and the patient receives written notice of the reason for the delay.
Can I ask for electronic copies?
Yes. If the requested information is maintained electronically and can be provided in the requested format, HIPAA generally requires the covered entity to provide it in that format or in another mutually agreed readable electronic format.
Can I have records sent to another provider?
Potentially. A patient can direct a covered entity to send records to a designated person or entity when the HIPAA access requirements are satisfied. Substance use disorder records protected by 42 CFR Part 2 may also require compliance with Part 2.
Can the provider charge a fee?
HIPAA allows only a reasonable, cost-based fee for copies within the right-of-access framework. HHS limits what can be included in that fee and generally does not allow a provider to deny access because a patient owes money for treatment.
What if my request is denied?
HIPAA allows denial only in specific circumstances. Some denials are reviewable by another licensed health care professional. The denial notice should explain the reason and any review or complaint rights.
Frequently asked questions
Can I request my discharge summary only?
Yes. You can request specific parts of the record rather than the entire chart.
Can a family member request my records for me?
Potentially, if that person is your personal representative under applicable law or you authorize the disclosure appropriately.
Can I get records years after treatment?
Yes, if the provider still maintains them. HIPAA gives a right of access for as long as the information is maintained by the covered entity or its business associate.
Can Trinity guarantee a specific turnaround time?
No. HIPAA sets legal limits, but actual processing times and Trinity Behavioral Health’s current records procedures should be confirmed directly.
Authoritative sources
- HHS: HIPAA Right of Access
- HHS: Get It. Check It. Use It.
- HHS: Confidentiality of SUD Patient Records
For Trinity Behavioral Health, contact the program directly to confirm the current records-request method, accepted formats, and any lawful copying fees.