An Adult Patient’s
RIGHT TO ACCESS RECORDS
in Inpatient Treatment Facilities
Your Right to Access Records
Federal law and Idaho law both allow a patient to request and receive a copy of his or her own health records.
Although most of the time a patient request for his or her own records will be granted, the request can be denied for some reasons. The most common reason a request can be denied is if a licensed health care professional has determined that allowing a patient to see his or her own records would be likely to endanger the life or physical safety of the individual requesting the records or some other person.
Denial of the Right to Access Records
If a facility denies a patient access to his or her records because it was determined that the access would be likely to endanger the life or physical safety of the patient or another person, then the facility must do several things:
1) It must give the patient a timely, written denial that states the reason the request was denied.
2) It must have a process that allows a patient to have a denial reviewed and it must inform the patient of this right and how to request a review in the denial letter.
3) It must enter a statement explaining the reasons for the denial into the patient’s treatment record.
4) If the patient has been involuntarily committed to the hospital, it must send a copy of the statement in the treatment record to the committing court, the patient’s attorney, and the patient’s spouse, guardian, adult next of kin or friend.
Protecting Your Rights
This brochure was designed to answer questions concerning your legal rights while in the hospital. If you have questions regarding the information contained in this brochure or if you believe that your legal rights have been violated, you should contact:
This document was prepared by staff of Comprehensive Advocacy, Inc. (Co-Ad) with funds from the Center for Mental Health Services. It does not necessarily reflect the views of any of Co-Ad's funding sources. Legal information is subject to change at any time and the reader is advised to obtain updated information prior to taking any action. Legal references: 45 Code of Federal Regulations § 164.524 (2005); Idaho Code § 66-346 (2005); IDAPA 16.05.01 (2005).