Law / United States / Utah

Patient access to medical records and third-party records requests

Utah Code 78B-5-618

In force.

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 governed by the federal health privacy standards, let a patient or the patient's personal representative inspect or receive a copy of the patient's records (Utah Code 78B-5-618(2)).
  • If you are a health care provider not governed by those standards, let a patient or the patient's personal representative inspect or receive a copy of the patient's records unless access is restricted by law or judicial order (Utah Code 78B-5-618(3)).
  • Provide a copy to the patient or the patient's personal representative within the deadlines of 45 C.F.R. 164.524(b), charging only a reasonable cost-based fee for copying and postage (Utah Code 78B-5-618(4)).
  • Provide a copy to a patient's attorney, legal representative or other authorized third party within 30 days after receipt of notice, charging no more than the rates the section sets, waiving 50% of the fee if the records are not sent within 30 days and the whole fee if not within 60 days (Utah Code 78B-5-618(5)).
  • Fulfill a separate request for payment and balance information within 30 days, or pay the penalties Subsection (6)(c) sets (Utah Code 78B-5-618(6)).

These lines are LexLint's reading of the law's text, as of .

What this law does

Drafted with AI

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Research summary

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A patient or a patient's personal representative may inspect or receive a copy of the patient's records from a health care provider when that provider is governed by the federal Standards for Privacy of Individually Identifiable Health Information. When a health care provider is not governed by those standards, a patient or a patient's personal representative may inspect or receive a copy of the patient's records unless access to the records is restricted by law or judicial order.

A health care provider who provides a paper or electronic copy of a patient's records to the patient or the patient's personal representative shall provide the copy within the deadlines required by the federal Administrative Simplification rule and may charge a reasonable cost-based fee that includes only the cost of copying and postage.

A health care provider or its third-party service that provides a copy of a patient's records to a patient's attorney, legal representative, or other authorized third party shall provide the copy within 30 days after receipt of notice, may charge no more than the rates the section sets, and must waive 50% of the fee if the records are not postmarked or made available electronically within 30 days and provide them free of charge if not within 60 days.

A health care provider or third-party service that fails to fulfill a request for payment and balance information within 30 days shall pay as a penalty $50 and an additional $150 if it fails to fulfill the request within 60 days, applied to the patient's balance or paid to the patient. A health care provider that contracts with a third-party service to fulfill medical record requests shall file a statement with the Division of Professional Licensing. The section was last amended by Chapter 277, 2025 General Session.

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