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How long may a doctor take to provide requested medical records (stall) ?

Austin, TX |

When is a call from an attorney warranted?

Attorney Answers 3


I happen to know that answer and the time is short. I had problems with my client's medical provider providing records, so here is the law. Send them a letter and quote this law to them and advise them if you do not have your medical records by the time limit here you will file a complaint with State Medical Board and HIPAA.

Good Luck,


Time limit to respond

When a physician or medical provider receives a proper written request for the release of records and a reasonable copy fee, he or she has 15 business days to respond. TEX. OCC. CODE §159.006(d). HIPAA privacy provides for a greater response time, but since the Texas provision is more stringent (i.e., it is the shorter period) HIPAA covered entities must respond in 15 days as well. 45 CFR §164.524(b)(2). Although there are certain exceptions that do not apply here, 45 C.F.R. 164.524 generally requires that a covered entity (hospital) provide a patient with a copy of the requested records within 30 days.

What constitutes a medical record

The Medical Practice Act takes a functional approach to defining a medical record by stating that the "term ‘medical record’ means all records relating to the history, diagnosis, treatment or prognosis of a patient." 44 TEX. OCC. CODE §151.002(a)(9).

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Most doctors offices/clinics contract out the copying of medical records to copying services, so depending on the size of the office and number of requests, it could take up to several months to get your records.

How long has it been?

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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I agree with Mr. Madison.

The mere mention of the Texas Medical Board should yield the desired result. Just in case it doesn't, a link to the website of TMB appears below. All of the forms and information you need to file a complaint against the physician can be found there.

Good luck.

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