Q. Are doctors and hospitals required to keep medical records?
A. Yes, but not forever. Physicians and hospitals are required by state law to maintain patient records for at least six years from the date of the patient's last visit. A doctor must keep obstetrical records and records of children for at least six years or until the child reaches age 19, whichever is later. Hospitals must keep obstetrical records and records of children for at least six years or until the child is age 21, whichever is later. So, for example, if you had surgery at age 11 and want your records at age 18, the law requires that the physician and the hospital have them. But, if you are 35 and are trying to track down your childhood immunization records, the law does not require either a physician or a hospital to have them.
Q. Who can request medical records?
A. An individual can request his or her own medical records. The law also permits access by other "qualified persons." This includes parents or guardians when they approved the care or when it was provided on an emergency basis. Attorneys representing patients may also request records, as can a committee appointed to represent the needs of an incompetent patient.
Q. How do I request the records?
A. A request for medical records must be made in writing to either the individual physician or the health care facility. The request should indicate that a qualified person is making the request and should be as precise as possible. The request should identify the provider from whom the information is requested and describe the information being sought. If the records are to be sent to a third party, such as another physician, provide the name and address of that individual. Requests must be signed. A practitioner or institution may request that the signature be notarized.
Q. How long will it take to see my records?
A. Once your request is received, a physician or health care facility has 10 days to provide you with an opportunity to inspect your records. The law does not provide a specific time period by which copies of medical records must be provided. However, the state Health Department considers 10 to 14 days to be a reasonable time in which a practitioner should respond to such a request.
https://www.health.ny.gov/publications/1443/
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