Put it in writing
A phone call creates no record and starts no clock. Email is sufficient — the point is that a dated written request exists.
How to get a copy of your own evaluation record
The right of access is the most useful HIPAA right and the least used. It costs almost nothing to exercise, it is difficult to refuse, and having your own record in hand changes every conversation you might later have with a landlord.
Five steps
Making the request
Identify yourself precisely
Full name, date of birth and the email address used for the evaluation. Providers cannot release records to someone they have not identified.
State what you want
The whole record, or specific parts — the letter, the intake responses, the disclosure log. Being specific speeds it up considerably.
Name the format
Electronic or paper. If the record is held electronically and you ask for it electronically, that is generally what you should receive.
Keep the thread
The dated request is what makes any later escalation to the Office for Civil Rights straightforward rather than a matter of recollection.
A request that works
“I am requesting a copy of the health information you hold about me under my HIPAA right of access. My name is [full name], date of birth [date], and the evaluation was completed using the email address [address]. Please provide the complete record, including the letter issued, my intake responses and any accounting of disclosures. I would prefer to receive it electronically. Please confirm receipt of this request and the date by which it will be fulfilled.”
What it should cost
A provider may charge a reasonable, cost-based fee for copying and postage. It may not charge a fee for the act of searching for or retrieving your record, and it may not make payment a barrier to access.
Electronic delivery of an electronically held record is normally either free or nominal. A large invoice for a digital copy is worth questioning directly.
When access can be refused
The grounds are narrow. Psychotherapy notes kept separately from the record sit outside the access right, as does information compiled for a legal proceeding.
“We do not release records” is not a lawful ground. A refusal must identify a specific basis, be given in writing, and in some cases is subject to review.
If nothing comes back
Day 30
The usual deadline. One 30-day extension is possible, but you should be told about it in writing rather than left guessing.
Day 31
Send one short follow-up referencing your original dated request. A large proportion of delays end here.
Day 45
File a complaint with the federal Office for Civil Rights. Access complaints are among the most straightforward it handles.
Frequently asked
How long does a records request take?
Generally 30 days, with one possible 30-day extension that you should be notified about in writing. Anything beyond that without explanation is grounds for escalation.
Can I be charged for my own records?
A reasonable, cost-based fee for copying and postage is permitted. Charging for search and retrieval time is not, and a fee cannot be used as a barrier to access.
Can a provider refuse my request?
Only on narrow grounds, such as psychotherapy notes maintained separately or information compiled for legal proceedings. A refusal must be in writing and identify the specific basis.
What if I have moved or changed email address?
Say so in the request and provide the address used at the time of the evaluation. Identification is the only reason a provider needs the old details.
Can someone else request my records for me?
Only a personal representative with legal authority, such as a guardian or someone holding an appropriate power of attorney, and the authority needs to be documented.
Do I need to give a reason for wanting my record?
No. The right of access does not require justification, and being asked to explain why is not a valid precondition.
Your privacy is not an afterthought here
Start a free evaluation and see exactly what your landlord will — and will not — receive.
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