Medical Records; Know Your Rights in California
Accessing your own medical records might feel confusing. But under both federal and California law, you have clear rights to inspect, copy, and control who sees your health information. This guide walks you through what you’re entitled to.
Why You Have the Right to Your Records: HIPAA + California Law
Under federal law Health Insurance Portability and Accountability Act (HIPAA), covered health-care providers and plans must give you access to your “designated record set” — i.e. your medical and billing records. You have the right to inspect and/or get a copy on request.
In California, state law further clarifies and supports the right to access health care records. The California Health & Safety Code § 123100–123149.5 requires that, on written request, providers allow patients (or their legal representatives) to inspect and receive copies of their records.
At the same time, confidentiality is protected under the California Confidentiality of Medical Information Act (CMIA), which generally prohibits disclosure of your health information without your authorization unless a permitted exception applies.
Put simply: the records don’t belong to you — the provider maintains them — but you have a legal right to see and copy them.
Who Can Access — and Under What Conditions
The patient (current or former adult) may request to inspect medical records or receive copies.
A legally authorized “personal representative” (e.g. guardian, conservator, power of attorney) may request on behalf of the patient.
A parent/guardian of a minor patient — but only if the minor cannot legally give informed consent to the care may request access. If the minor has consented themselves (as allowed under certain circumstances), access may be limited.
Important: Some categories of records — such as mental-health psychotherapy notes, certain drug or alcohol abuse treatment records, or sensitive communicable disease information — may have additional safeguards or restrictions under HIPAA or state law.
Your Rights Are Strong, But You Need to Ask
Even though the medical provider owns the physical record, you have a strong, enforceable legal right to access your own medical information. In California, this is backed by state statute (Health & Safety Code §123100–123149.5) and reinforced by federal HIPAA. With a clear, written request and patience for processing time, you should be able to inspect and receive copies — or access them online.
