Patient Right of Access
The HIPAA right of an individual to inspect and obtain a copy of their PHI in a designated record set.
1 min read · Last reviewed May 23, 2026
At a glance
- Category
- HIPAA & Privacy
- Primary sources
- 2
- Workspace handoff
- templates →
Where this comes up
Privacy officers and practice managers handle this — patient rights requests, accounting of disclosures, BAA reviews with new vendors, breach risk assessments after an incident, and OCR responses when a complaint lands. The 60-day breach-notification clock starts at discovery, not at investigation close.
Full definition
What it is in practice
45 CFR 164.524 gives individuals the right to inspect or obtain a copy of their own PHI within 30 days of a written request (one 30-day extension permitted). The covered entity must provide the records in the form requested if readily producible, including electronic format. Fees are limited to reasonable cost-based labor, supplies, and postage.
How it shows up in your practice
OCR's Right of Access Initiative has produced dozens of six-figure settlements since 2019. Build a written records-request procedure with documented 30-day timelines and a reasonable-fee schedule.
Sources
- 45 CFR 164.524 — Access of individuals to PHIhttps://www.ecfr.gov/current/title-45/section-164.524
- HHS — HIPAA Privacy Rulehttps://www.hhs.gov/hipaa/for-professionals/privacy/index.html
Use the records-request response template
Open templates →Related terms
- HIPAA & PrivacyHIPAA Privacy RuleThe federal regulation at 45 CFR Part 164 Subpart E that governs the use and disclosure of PHI.
- HIPAA & PrivacyDesignated Record SetThe group of records maintained by or for a covered entity that contains PHI used to make decisions about individuals.
- HIPAA & PrivacyOCR Right of Access InitiativeHHS Office for Civil Rights' enforcement focus on the patient right of access under 45 CFR 164.524.
D3rx is a healthcare-billing and compliance research aid maintained by D3rx Inc. Articles are drafted by an LLM (Anthropic Claude) against primary HHS, OCR, CMS, eCFR, NIST, and state-regulator publications, and reviewed for restraint and source fidelity by the D3rx team.
Reviewer status: a named credentialed reviewer (CHC, CHPC, or healthcare attorney) is being engaged. Until that engagement is finalized, this page does not claim credentialed review.
Related across the archive
- GlossaryOCR Right of Access InitiativeHHS Office for Civil Rights' enforcement focus on the patient right of access under 45 CFR 164.524.
- GlossaryDesignated Record SetThe group of records maintained by or for a covered entity that contains PHI used to make decisions about individuals.
- GlossaryHIPAA Privacy RuleThe federal regulation at 45 CFR Part 164 Subpart E that governs the use and disclosure of PHI.
- GlossaryAccounting of DisclosuresThe HIPAA right of an individual to receive a list of disclosures of their PHI made by a covered entity over the prior six years.
- GlossaryAmendment of PHIThe HIPAA right of an individual to request that a covered entity amend PHI in a designated record set.
- RegulationHIPAA Accounting of Disclosures (45 CFR 164.528)Individuals may request an accounting of disclosures of their PHI made by a covered entity in the prior six years, with a defined list of exclusions.
- SRAHIPAA Patient Right of Access: A Small-Practice WalkthroughHow 45 CFR 164.524 governs patient access to their records, the 30-day rule and 30-day extension, the limited fees a practice may charge, and the OCR Right of Access Initiative.
- BillingBusiness Associate Agreement Checklist for Small PracticesA working checklist for small practices to identify which vendors need a Business Associate Agreement, what clauses the BAA must contain, and how to track them.
This glossary entry is a research aid for billing and compliance staff. It does not provide legal, medical, or financial advice and does not replace counsel. References cited link to primary sources at HHS, OCR, CMS, eCFR, NIST, and the relevant payer or industry body.