Medical Record Request Rules for Georgia

Introduction

Requesting medical records in Georgia involves specific state regulations that differ from federal HIPAA requirements in several key areas. Georgia Code Title 31, Chapter 33 establishes the framework governing patient access to health information, including who may request records, allowable fees, and mandatory response timelines. Understanding these medical record request rules for Georgia prevents delays, unexpected costs, and potential disputes with healthcare providers.

Georgia law grants patients broad access rights while permitting healthcare providers to charge fees that can vary significantly depending on the format and volume of records requested. The state also recognizes specific categories of authorized requesters beyond the patient, including legal representatives, parents of minors, and individuals with valid authorizations. Providers must respond within defined timeframes, though exceptions exist for certain record types and circumstances. Failure to comply with these rules can result in enforcement actions and civil penalties. This guide covers the specific requirements, costs, and common obstacles patients and their representatives encounter when requesting medical records from Georgia healthcare facilities.

TL;DR

Georgia requires healthcare providers to respond to medical record requests within 30 days, with fees capped at specific amounts depending on format: $0.50 per page for paper copies or actual cost for electronic records. Patients, legal guardians, authorized representatives, and certain third parties may request records with proper documentation. Psychotherapy notes and some behavioral health records have additional restrictions. Most disputes arise from incomplete authorization forms, fee disagreements, or providers exceeding response deadlines.

Who Can Request Medical Records in Georgia

Georgia law specifies several categories of individuals and entities authorized to request patient medical records:

  • Patients aged 18 or older with legal capacity
  • Parents or legal guardians of minor patients under 18
  • Legal representatives holding valid power of attorney for healthcare
  • Personal representatives of deceased patients
  • Attorneys with patient authorization or valid subpoena
  • Insurance companies with patient consent
  • Other healthcare providers involved in ongoing treatment
  • Government agencies with statutory authority

Minor patients in Georgia gain certain access rights at specific ages. Patients aged 12 and older may consent to outpatient mental health treatment without parental involvement, which affects record access. Emancipated minors have full access rights equivalent to adults. When parents are divorced or separated, the custodial parent typically controls record access unless a court order specifies otherwise. Non-custodial parents may have limited access rights depending on custody arrangements documented in court orders.

How to Submit a Medical Record Request in Georgia

The request process requires specific documentation and procedures to ensure compliance with Georgia regulations:

  1. Obtain the provider's official authorization form or submit a written request containing required elements
  2. Include patient name, date of birth, dates of service, and specific records requested
  3. Sign and date the authorization with a valid signature
  4. Specify the recipient and delivery method
  5. Submit via mail, fax, secure portal, or in-person delivery
  6. Retain a copy of the submitted request for reference

Authorization forms must contain specific elements under Georgia law: patient identification, description of information to be disclosed, recipient identification, purpose of disclosure, expiration date, and signature. Authorizations lacking any required element may be rejected. Electronic signatures are valid under Georgia's Uniform Electronic Transactions Act when submitted through secure systems. Requests submitted without proper authorization will be denied, requiring resubmission with corrected documentation.

Response Timeframes

Georgia Code § 31-33-3 establishes a 30-day response deadline from receipt of a valid request. This timeframe applies to most healthcare providers, including hospitals, physician practices, and clinics. The 30-day period begins when the provider receives a complete, valid authorization: not when the patient mails or submits the request.

Key timeframe considerations include:

  • Standard deadline: 30 days from receipt of valid request
  • Extension: One 30-day extension permitted with written notice to patient
  • Emergency requests: No statutory expedited timeline, though providers may accommodate
  • Denial notice: Must be provided in writing within 30 days

Providers may extend the deadline by an additional 30 days if they notify the patient in writing, explaining the reason for delay and the expected completion date. Valid reasons for extension include records stored off-site, involvement of multiple facilities, or unusually large request volumes. Repeated extensions or failures to respond within statutory timeframes may constitute violations subject to enforcement action.

Fees & Costs

Georgia establishes specific fee caps that providers may charge for medical record copies. These limits apply regardless of the provider's actual costs, though providers may charge less than the maximum permitted amounts.

  • Paper copies: $0.50 per page

  • Electronic copies: Actual cost of production

  • Search and retrieval: $20.00 maximum

  • Postage: Actual cost

Electronic records transmitted via secure email or patient portal typically incur minimal or no charges since production costs are negligible. Providers cannot charge for time spent reviewing records before release. First copies for continuing care purposes to another treating provider should be provided at reduced or no cost under professional standards, though Georgia law does not explicitly mandate this.

Patients receiving Medicaid or those who demonstrate financial hardship may request fee waivers. Providers are not required to waive fees but many have policies accommodating indigent patients. Requests made for legal proceedings may incur higher fees when processed through formal subpoena procedures rather than patient authorization.

Delivery Formats

Georgia law requires providers to furnish records in the format requested by the patient when reasonably producible. Electronic health records systems must be capable of producing records in standard formats.

Available delivery options typically include:

  • Paper copies via mail or in-person pickup
  • Electronic copies on CD, DVD, or USB drive
  • Secure email transmission with encryption
  • Patient portal access
  • Direct transmission to another provider via secure health information exchange

Patients have the right to request electronic copies of records maintained electronically, and providers must comply if the format is readily producible. Providers may offer alternative formats if the requested format would require significant programming or system modifications. When records exist only in paper form, providers are not required to convert them to electronic format but must provide paper copies.

State-Specific Exceptions or Gotchas

Georgia medical record request rules contain several exceptions and special circumstances that differ from general federal HIPAA requirements:

  • Psychotherapy notes require separate, specific authorization distinct from general medical record authorization
  • Substance abuse treatment records under 42 CFR Part 2 require specialized consent forms with additional elements
  • HIV/AIDS test results have enhanced confidentiality protections under Georgia Code § 24-12-21
  • Minors who consent to their own treatment for certain conditions may control access to those specific records
  • Records related to involuntary commitment proceedings have restricted access

Georgia does not recognize a general "right to amend" records in the same manner as HIPAA. While HIPAA requires providers to consider amendment requests, Georgia law provides limited state-level amendment rights. Patients may submit statements of disagreement to be included in the record. Providers must include these statements when disclosing the disputed information.

Common Problems Patients Encounter

Record request disputes frequently arise from predictable issues that patients can anticipate and address proactively:

  • Incomplete authorization forms returned for correction, restarting the 30-day timeline
  • Fee disputes when providers charge maximum permitted amounts for large requests
  • Providers claiming records are unavailable due to storage transitions or system migrations
  • Delays beyond statutory timeframes without proper extension notices
  • Partial releases omitting requested categories of information
  • Confusion between facility records and individual physician records requiring separate requests

Deceased patient records present particular challenges when requesters cannot locate documentation of their legal representative status. Georgia probate courts issue letters of administration that establish authority to access decedent records. Without proper documentation, providers will deny access regardless of family relationship.

Patients should document all communications, including dates of submission, provider acknowledgments, and any verbal conversations regarding request status. Written correspondence creates evidence supporting complaints to regulatory agencies if providers fail to comply with statutory requirements.

Conclusion

Medical record request rules for Georgia establish clear requirements for patients, providers, and authorized representatives. The 30-day response deadline, fee caps, and format requirements provide a framework for obtaining records without excessive delays or costs. Understanding who may request records and what documentation each category requires prevents the most common causes of denial or delay.

Patients requesting records should submit complete authorization forms, specify the exact records and date ranges needed, and indicate preferred delivery format. Retaining copies of all submitted documentation supports follow-up if providers fail to respond within statutory timeframes. For complex situations involving deceased patients, minor children, or behavioral health records, consulting the specific Georgia Code sections or seeking legal guidance may be necessary.

Frequently Asked Questions

How long do Georgia healthcare providers keep medical records?

Georgia requires hospitals to retain adult patient records for at least 5 years following discharge. Physician practices must maintain records for at least 10 years. Records of minors must be kept until the patient reaches age 23 or for the standard retention period, whichever is longer.

Can a provider refuse to release records if the patient owes money?

No. Georgia law prohibits providers from withholding medical records due to unpaid bills. Providers may charge the statutory copying fees but cannot condition release on payment of outstanding treatment balances.

What if a provider misses the 30-day deadline?

Patients may file complaints with the Georgia Department of Community Health or pursue civil remedies. Documenting the original request date and any communications supports enforcement actions.

Sources

  • Georgia Code Title 31, Chapter 33: Medical Records Access
  • Georgia Code § 24-12-21: HIV/AIDS Confidentiality
  • Georgia Department of Community Health: Patient Rights Guidelines
  • 45 CFR Parts 160 and 164: HIPAA Privacy Rule

• • 42 CFR Part 2: Substance Abuse Treatment Records