Who Owns Medical Records: 50 State Comparison
This map and table show laws that confer ownership of a medical record to a health care provider, hospital, or patient. We did not include laws that only apply to specific providers other than physicians (such as chiropractors and optometrists) or facilities other than hospitals (such as ambulatory surgery centers, birth centers, abortion clinics, nursing homes, prisons, and schools). Note that there may be court decisions regarding record ownership that apply to providers in a particular state under common law even where there is no statute or regulation (e.g., McGarry v. J.A. Mercier Co., 272 Mich. 501, 262 N.W. 296 (1935) (Michigan case holding that x-ray negatives were the property of the physician who made them, not the patient); Holtkamp Trucking Co. v. David J. Fletcher, M.D., L.L.C., 402 Ill. App. 3d 1109, 932 N.E.2d 34 (2010) (Illinois case holding that medical records were physician’s property)). Many states have specific laws addressing how providers must maintain, protect, and dispose of records, as well as laws giving patients, providers, and others access to medical records, regardless of ownership status. In addition, patients in all states have many rights with respect to their medical records under the HIPAA Privacy and Security Rules.
Notes:
* Provider ownership of medical record is referenced in language of law
± Ownership is of the physical conveyance for the medical information
‡ Ownership is of the information contained in the record
[Last Updated 08/20/15]
Click on a state to see more information on Medical Records Collection, Retention, and Access in that state
- Hospital and/or physician owns medical record
- Patient owns information in medical record
- No law identified conferring specific ownership or property right to medical record
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| State | Medical Record Ownership Laws | Details |
|---|---|---|
| Alabama | No law identified conferring specific ownership or property right to medical record | |
| Alaska | Hospital and/or physician owns medical record | Alaska Admin. Code tit. 7, § 12.770: The medical records, including x-ray films, are the property of the facility (applies to hospitals and other specified health care facilities). |
| Arizona | No law identified conferring specific ownership or property right to medical record | |
| Arkansas | No law identified conferring specific ownership or property right to medical record | |
| California | Hospital and/or physician owns medical record | Cal. Code Regs. tit. 22, § 70751: Medical records are the property of the hospital. |
| Colorado | No law identified conferring specific ownership or property right to medical record | |
| Connecticut | No law identified conferring specific ownership or property right to medical record | |
| Delaware | No law identified conferring specific ownership or property right to medical record | |
| District of Columbia | No law identified conferring specific ownership or property right to medical record | |
| Florida | Hospital and/or physician owns medical record | Fla. Stat. § 456.057: Defines "records owner" as any health care practitioner who generates a medical record after treating patient, any health care practitioner to whom records are transferred by a previous owner, or any health care practitioner's employer. |
| Georgia | Hospital and/or physician owns medical record | Ga. Code Ann. § 31-33-3: All records are owned by and are property of provider. |
| Hawaii | No law identified conferring specific ownership or property right to medical record | |
| Idaho | No law identified conferring specific ownership or property right to medical record | |
| Illinois | No law identified conferring specific ownership or property right to medical record | |
| Indiana | Hospital and/or physician owns medical record | Ind. Code Ann. § 16-39-5-3: The original health record of the patient is the property of the provider. |
| Iowa | No law identified conferring specific ownership or property right to medical record | |
| Kansas | Hospital and/or physician owns medical record | Kansas Admin. Regs. § 28-34-9a: Medical records shall be the property of the hospital. |
| Kentucky | No law identified conferring specific ownership or property right to medical record | |
| Louisiana | Hospital and/or physician owns medical record | La. Rev. Stat. Ann. § 40:1299.96: Patient medical records maintained in a provider’s office are the property and business records of the health care provider. |
| Maine | No law identified conferring specific ownership or property right to medical record | |
| Maryland | Hospital and/or physician owns medical record | Md. Code Regs. 10.01.16.04: Medical records are the personal property of the entity providing health care. |
| Massachusetts | No law identified conferring specific ownership or property right to medical record | |
| Michigan | No law identified conferring specific ownership or property right to medical record | |
| Minnesota | No law identified conferring specific ownership or property right to medical record | |
| Mississippi | Hospital and/or physician owns medical record | Miss. Code Ann. § 73-43-11: Medical records, as defined herein, are and shall remain the property of the licensed physician(s), in or whose clinic or facility said records are maintained. |
| Missouri | Hospital and/or physician owns medical record | Mo. Code Regs. Ann. tit. 19, § 30-20.094: Medical records are considered the property of the hospital. |
| Montana | No law identified conferring specific ownership or property right to medical record | |
| Nebraska | No law identified conferring specific ownership or property right to medical record | |
| Nevada | No law identified conferring specific ownership or property right to medical record | |
| New Hampshire | Patient owns information in medical record | N.H. Rev. Stat. Ann. § 151:21‡: Medical information contained in the medical records at any facility licensed under this chapter shall be deemed to be the property of the patient. |
| New Jersey | No law identified conferring specific ownership or property right to medical record | |
| New Mexico | Hospital and/or physician owns medical record | N.M. Code R. § 16.10.17.10*: Physicians must retain the medical records they own. |
| New York | No law identified conferring specific ownership or property right to medical record | |
| North Carolina | Hospital and/or physician owns medical record | 10A N.C. Admin. Code 13B.3903: Medical records are the property of the hospital. |
| North Dakota | No law identified conferring specific ownership or property right to medical record | |
| Ohio | No law identified conferring specific ownership or property right to medical record | |
| Oklahoma | No law identified conferring specific ownership or property right to medical record | |
| Oregon | Hospital and/or physician owns medical record | Or. Admin. R. 333-505-0050: All medical records are the property of the hospital. |
| Pennsylvania | Hospital and/or physician owns medical record | 28 Pa. Code § 103.21, 103.22, 103.23, 103.24: Medical records are the property of the hospital.
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| Rhode Island | Hospital and/or physician owns medical record | R.I. Gen. Laws Ann. § 5-37.22: Unless otherwise expressly stated in writing by a medical practice group, all medical records are the property of the practice group with which a physician was associated when he or she created the medical records.
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| South Carolina | Hospital and/or physician owns medical record | S.C. Code Ann. § 44-115-20: A physician is the owner of medical records that were made in treating a patient that are in his or her possession, as well as the owner of records transferred to him or her concerning prior treatment of the patient.
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| South Dakota | No law identified conferring specific ownership or property right to medical record | |
| Tennessee | Hospital and/or physician owns medical record | Tenn. Code Ann. § 68-11-304: Hospital records are and shall remain the property of the hospitals, subject to a court order to produce the records. |
| Texas | Hospital and/or physician owns medical record | 22 Tex. Admin. Code § 165.1*: Medical records may be owned by a physician's employer, including include group practices, professional associations, and non-profit health organizations. |
| Utah | Hospital and/or physician owns medical record | Utah Admin. Code. R. 432-100-33: Original medical records are the property of the hospital. |
| Vermont | No law identified conferring specific ownership or property right to medical record | |
| Virginia | Hospital and/or physician owns medical record | Va. Code Ann. § 32.1-127.1:03: Health records are the property of the health care entity maintaining them.
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| Washington | No law identified conferring specific ownership or property right to medical record | |
| West Virginia | No law identified conferring specific ownership or property right to medical record | |
| Wisconsin | No law identified conferring specific ownership or property right to medical record | |
| Wyoming | Hospital and/or physician owns medical record | Wyo. Code R. § 024-052-003±: The paper, microfilm, or data storage unit upon which the patient's information is maintained belongs to the physician and/or health care facility in which he/she practices. Patients do not have a right to possess the physical means by which the information is stored. Upon a patient's signed, written request, physicians shall make pertinent information in the medical record available to the patient. |
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