California medical records request laws: Evidence Code 1158 and H&S 123110

Records drive a personal injury case. The demand, the chronology and the specials all wait on them, and slow providers are the most common reason a case sits. California gives plaintiff firms two state-law routes to a client's records before a lawsuit is filed, Evidence Code 1158 and Health and Safety Code 123110, and federal HIPAA sets a floor beneath both. Each has its own deadline and fee rules.

This is general information, not legal advice. Fee amounts and deadlines below are from the statutes as of the review date; check the current text.

Three routes to the same records

Evidence Code 1158 in detail

Section 1158 is the attorney's route. Before an action is filed or a defendant appears, an attorney or the attorney's representative who presents a written authorization signed by the patient (or a guardian, conservator, parent of a minor, or a deceased patient's personal representative or heir) is entitled to the records in the provider's custody or control.

• Who must comply. "Medical provider" is defined broadly: physicians and surgeons, dentists, registered nurses, physical therapists, chiropractors, psychologists, podiatrists, pharmacies, licensed hospitals and others (Evidence Code 1158(a)).
• Timing. The provider must make the records available for inspection and copying during business hours within five days after the authorization is presented (1158(d)).
• Copying. The provider can't insist on doing the copying when the attorney uses a professional photocopier or a registered representative (1158(c)).
• Costs. The provider may charge reasonable costs, which include $0.10 a page for standard copies, $0.20 a page from microfilm, actual costs for oversize or specially processed documents, clerical time up to $16 an hour per person (computed at $4 per quarter hour or fraction), actual postage, and actual charges of a third party that retrieves records held offsite (1158(e)). If the records are inspected or copied at the provider's office, the fee can't exceed $15 plus third-party retrieval charges (1158(f)).
• Electronic records. If the records are kept electronically and an electronic copy is requested, the provider must produce them in the form requested if readily producible, or in a readable form both agree on (1158(g)).
• Enforcement. A provider that fails to comply may be liable for the reasonable expenses, including attorney's fees, of enforcing the section (1158(d)).

The statute includes an authorization form, and a provider must accept a completed form that is in at least 14-point type and substantially follows the statutory form (1158(h)).

Health and Safety Code 123110 in detail

Section 123110 is the patient's right of access, which the client or the client's representative can use.

• Inspection within five working days after the provider receives the request (123110(a)).
• Copies, paper or electronic, transmitted within 15 days after the request (123110(b)).
• Fees limited to a reasonable, cost-based fee for copying labor, supplies, postage and an agreed summary, and no more than $0.25 a page for paper copies or $0.50 a page for copies from microfilm (123110(j)).
• No withholding for unpaid bills. A provider can't withhold records because the patient hasn't paid for care (123110(i)).
• Free copies for benefit claims. A patient can get one free copy of relevant records to support a claim or appeal for certain public benefits, such as Medi-Cal or SSDI (123110(d)). That free-copy rule doesn't apply when a private attorney who isn't with a nonprofit legal services entity is paying the costs.

The HIPAA floor

Under 45 CFR 164.524, a covered entity must act on an individual's request for access within 30 days, with one extension of up to 30 more days if it tells the individual in writing why and when (164.524(b)(2)). The fee is limited to reasonable, cost-based amounts for labor, supplies and postage (164.524(c)(4)). If the individual asks in a signed writing, the covered entity must send the copy directly to a person the individual names (164.524(c)(3)(ii)). For a California provider, the state deadlines are shorter, so they usually control the follow-up schedule.

After a lawsuit is filed

Section 1158 applies before an action is filed or a defendant appears. Once the case is in litigation, records are usually obtained by deposition subpoena for business records, and a subpoena for a consumer's personal records requires notice to the consumer under Code of Civil Procedure 1985.3. Plan record collection so the main providers are requested well before filing.

A records request checklist

• A signed authorization that meets HIPAA and, for 1158 requests, follows the statutory form. See HIPAA authorization.
• One request per provider, and per facility for hospital systems with separate records departments.
• Records and itemized billing requested separately where the provider keeps them separately.
• The date range stated, including pre-incident records if needed.
• Imaging reports, and the images on disc if they matter.
• The statute cited and the response deadline stated in the letter.
• A follow-up date on the calendar the day the request goes out.
• Every response logged: received, partial, refused, or "no records".

The medical records request letter generator drafts the letter.

When a provider doesn't respond

Follow up by phone and in writing as soon as the statutory period passes, and keep a log of every contact. For 1158 requests, a provider that fails to comply may be liable for the reasonable expenses of enforcing the section, including attorney's fees; a letter that cites 1158(d) often moves a request along. Some providers send records requests to a copy service; ask who handles release and whether the request is in their queue.

Tracking requests in PlaintiffStack

On a personal injury case in PlaintiffStack, the records page tracks each request by provider. A morning check flags record requests untouched for three weeks, so a stalled request surfaces before it delays the demand. The missing records report reads the documents on the case and lists records, bills and referrals that are mentioned but not in the file, which is how firms find the provider nobody requested. Agents read searchable PDFs, Word and text files; scanned or faxed records aren't read yet because there is no OCR. See Documents and the medical chronology guide.