Law / United States / 
California
Patient Access to Health Records
Cal. Health and Safety Code sections 123100 to 123149.5
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights
As of .
What it requires
- If you are a health care provider the chapter covers (a licensed health facility, clinic or home health agency, or a licensed physician, podiatrist, dentist, psychologist, optometrist, chiropractor or other listed professional), permit an adult patient, a minor patient authorized to consent to treatment, or a patient's personal representative to inspect patient records during business hours within five working days after a request (section 123110(a)).
- Transmit a paper or electronic copy of the records the patient has a right to inspect within 15 days after the request, in the form and format requested if it is readily producible in that form and format (section 123110(b)).
- Charge no more than a reasonable, cost-based fee of the labor, supplies and postage the section lists, and provide a copy at no charge when it is needed to support a claim or appeal for a public benefit program as section 123110(d) describes (section 123110(d) and (j)).
- Do not withhold patient records or summaries of them because of an unpaid bill for health care services (section 123110(i)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Section 123110(h): a willful violation by a health care provider described in paragraphs (1) to (3) of section 123105(a) is an infraction punishable by a fine of not more than $100.
Penalty structure
Section 123110(h): a willful violation by a health care provider described in paragraphs (1) to (3) of section 123105(a) is an infraction punishable by a fine of not more than $100; a willful violation by one described in paragraphs (4) to (10) is unprofessional conduct. The licensing agency, board or commission considers a violation as grounds for disciplinary action.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 100
Who enforces it
Enforcement body
The state agency, board or commission that issued the provider's professional or institutional license, which considers a violation as grounds for disciplinary action (section 123110(h)), and the aggrieved patient or representative, who may bring an action against the provider with costs and reasonable attorney fees to the prevailing party in the court's discretion (section 123120).
What this law does
Health and Safety Code section 123110 entitles an adult patient, a minor patient authorized by law to consent to treatment, and a patient's personal representative to inspect patient records on request. Section 123110(a) requires a health care provider to permit inspection during business hours within five working days after receipt of the request. Section 123110(b)(1) requires a health care provider to ensure that copies are transmitted within 15 days after receiving the request.
Section 123110(j)(1) lets a health care provider impose a reasonable, cost-based fee for providing a paper or electronic copy or summary of patient records. Section 123110(i) bars a health care provider from withholding patient records or summaries of patient records because of an unpaid bill for health care services.
Under section 123110(h), a willful violation by a health care provider described in paragraphs (1) to (3) of section 123105(a) is an infraction punishable by a fine of not more than $100. Under section 123110(h), a willful violation by a health care provider described in paragraphs (4) to (10) of section 123105(a) is unprofessional conduct. The Patient Access to Health Records chapter of the Health and Safety Code took effect on .
Section 123120 of the Health and Safety Code lets a patient or representative aggrieved by a violation of section 123110 bring an action against the health care provider to enforce the obligations, and the court may award costs and reasonable attorney fees to the prevailing party. Section 123140 provides that the Information Practices Act of 1977 prevails over the chapter with respect to records maintained by a state agency. Section 123110 as currently in force was amended by Statutes 2023, chapter 294 (SB 815), effective .
When LexLint raises it
When your app profile says your app handles health records.