{"id":376981,"date":"2016-03-31T21:37:07","date_gmt":"2016-04-01T02:37:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-medical-records-laws.html"},"modified":"2016-06-20T19:50:54","modified_gmt":"2016-06-21T00:50:54","slug":"virginia-medical-records-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-medical-records-laws.html","title":{"rendered":"Virginia Medical Records Laws"},"content":{"rendered":"\n
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Virginia Medical Records Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The privacy of patients’ medical records is protected by a combination of federal and state laws, including the Health Insurance Portability and Accountability Act<\/a> (HIPAA).<\/p>\n

Virginia Laws Protecting Medical Record Privacy<\/h2>\n

In Virginia, patients may access their own medical records, but may not see mental records if a physician believes doing so would be injurious to that person’s mental health. All HIV\/AIDS test results are confidential as well, but available to that patient’s lawyer, Dept. of Health, parents (if a minor), spouse, or through a court order.<\/p>\n

How Can I Get A Copy of My Virginia Medical Records?<\/h2>\n

A request for copies of medical records<\/a> must be in writing, dated and signed by the person making the request, and include a reasonable description of the records sought. If someone is making a request on your behalf, he or she must provide evidence of the authority to receive the records (such as a power of attorney).<\/p>\n

Once your health care provider receives the request, he or she has 15 days to do one of the following:<\/p>\n

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  1. Provide copies of the records;<\/li>\n
  2. Inform you if the information does not exist or cannot be found;<\/li>\n
  3. Inform you who now maintains the records; or<\/li>\n
  4. Deny the records for specific reasons set out under the law.<\/li>\n<\/ol>\n

    The main provisions of Virginia’s medical records laws are listed in the following chart, with links to additional sources.<\/p>\n\n
    Who Has Access to Records?<\/td>\nSubject person can review his\/her medical and mental records; however, mental records; however, mental records may not be personally reviewed in physician feels review would be injurious to persons physical or mental health or well-being (\u00a72.2-3705); patient or attorney upon patient’s written request to hospital or health care records except for records when doctor declares release would be injurious to patient’s health or well-being (\u00a78.01-413)<\/td>\n<\/tr>
    What Privileges Apply to Medical Records?<\/td>\nDuly licensed practitioner of any branch of the healing arts dealing with patient in professional capacity including clinical psychologist (\u00a78.01-399)<\/td>\n<\/tr>
    Mandatory Reporting Requirements<\/td>\n–<\/td>\n<\/tr>
    Patient Consent and Waiver<\/td>\n–<\/td>\n<\/tr>
    Insurance Companies<\/td>\nInsurance company must provide medical information to individual or to medical professional designated by individual; must notify individual that information was released at time of disclosure (38.2-608)<\/td>\n<\/tr>
    Provisions Related to HIV\/AIDS<\/td>\nAll test results are confidential, released only to that person, his legal representative, Department of Health, parents of minor, spouse, by court order, and others authorized by law (\u00a732.1-36.1)<\/td>\n<\/tr><\/tbody><\/table>\n

    Note:<\/i><\/b> State laws are constantly changing — contact a Virginia health care attorney<\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

    Research the Law<\/h2>\n