Medical Records

Patients' rights to their medical records

Patients have a legal right to timely, low-friction electronic access to their health information. Under HIPAA and the 21st Century Cures Act, hospitals must transmit records in the patient's chosen format - often to third-party apps - without unnecessary delays, fees, or hurdles.

Quick read:

Blocking tactics - whether intentional or not - now draw federal scrutiny. The safest path is to treat every patient-directed request as a priority service with clear timelines, electronic delivery options, and minimal friction.

Common friction points

Information blocking tactics and the required response

These scenarios frequently show up in health information management workflows. Each one has a clear compliance expectation in 2025.

1

Portal-only access ("just use MyChart")

Patients are pushed to the hospital portal instead of having their records sent to an app, email, or other destination they requested.

Legal requirement: Patients can direct EHI anywhere they choose; refusing to transmit data to a patient-designated app or email - when technically feasible - is likely information blocking.
2

Unnecessary delays

Requests are held up by internal reviews, backlogs, or "waiting for provider approval," stretching far past the time needed to fulfill them.

Legal requirement: HIPAA's 30-day outer limit still applies, and the Cures Act prohibits interference; avoid delays beyond what is genuinely necessary to process the request.
5

Burdensome authorization steps

Patients are told to show up in person, get a request notarized, or complete multiple paper forms for routine access.

Legal requirement: HIPAA permits simple written or electronic requests with reasonable identity verification; notarization or in-person submission is not required for standard access.
6

Partial or piecemeal releases

Only some data are sent (e.g., no notes, outside records, or older history) or patients are forced to submit separate requests for each clinic.

Legal requirement: Patients are entitled to the designated record set; holding back accessible portions or splitting unified records into multiple hurdles can constitute information blocking.
7

Short-lived links or expiry traps

Download links expire in a day or two, or portal visibility is time-limited, leaving patients without a fair chance to retrieve files.

Legal requirement: Provide a reasonable window - or easy renewal - so patients can access what they requested; disproportionate time limits are viewed as interference.
8

Blocking third-party apps or demanding BAAs

Hospitals refuse to send data to a patient's chosen app or insist the app sign a BAA or meet an "approved vendor" list first.

Legal requirement: When a patient directs a disclosure, providers generally must send the EHI if it is readily producible; BAAs are not required for patient-directed app sharing, though providers may educate patients about risks.

Compliance in 2025

Practical checkpoints for HIM teams

Build your workflows so patients can get complete electronic records, fast, in the format they request.

Sources