How to Transfer Medical Records to a New Doctor

You found a new doctor, booked the first appointment and filled out the intake form. Then the front desk asks, “Can you have your old office send your records?” Suddenly you’re on hold with a records department, wondering which form to sign and whether the files will arrive before your visit.

Moving medical records is easier than it used to be, and much of it can now happen electronically in the background. This guide explains how records move between practices, what paperwork you need, what it can cost and how to avoid the gaps that cause repeat tests or missed refills.

How records move between practices today

There are 3 main routes, and the right one depends on the systems both offices use.

Many hospitals and practices connect to national networks, and the federal Trusted Exchange Framework and Common Agreement (TEFCA) is building a nationwide “network of networks” so organizations on different systems can exchange records for treatment. If your old and new doctors both participate in one of these networks, the new office may be able to see your history before you even ask.

Key takeaway: Ask the new practice first. If they can pull records electronically, you may not need to file any request at all.

Do you need to sign a release?

Often, no, at least as far as federal law goes. The US Department of Health and Human Services says the HIPAA Privacy Rule lets doctors share patient information with other providers for treatment without the patient’s written authorization. That includes sending your chart to a new doctor who’s taking over your care.

But “permitted” isn’t “required.” HHS notes that the rule allows this sharing but doesn’t force a provider to do it. In practice, many offices still ask for a signed release before sending anything, both to confirm the request is legitimate and to satisfy their own policies or state rules.

There are a few important exceptions:

• Psychotherapy notes require your written authorization, according to HHS. These are a therapist’s separate session notes, not your general mental health record.
• Substance use disorder treatment records from federally assisted programs carry extra protections under federal rules known as 42 CFR Part 2, and may need a specific consent.
• State laws can add requirements for certain sensitive records, such as HIV status or reproductive health. Ask the records office what applies where you live.

This is general information, not legal advice.

Your right to direct records to a new doctor

If an old practice is slow or unresponsive, use your HIPAA right of access. Under 45 CFR 164.524, you can ask a provider to send a copy of your records directly to another person or entity, such as your new doctor. HHS says the request must be:

• In writing
• Signed by you
• Clear about who should receive the records and where to send them

Providers generally must act within 30 days of receiving your request, with one possible 30-day extension if they explain the delay in writing.

On cost, the rules are less patient-friendly than many people expect. After a 2020 federal court decision, Ciox Health v. Azar, HHS says HIPAA’s limited, cost-based fee cap applies when you request records for yourself, but not when you direct a provider to send them to a third party. Many practices don’t charge to send records to another doctor, but some do, and state law may set limits. Ask before you submit.

A practical workaround: Request an electronic copy for yourself through your patient portal or records office, then share it with the new doctor. That keeps the cost-based fee protection and gives you your own copy. Our guide to getting copies of your medical records online explains the process.

What to send, and what to skip

You rarely need your entire lifetime chart. Most new doctors want the last few years plus anything important from before. Ask for:

• Problem list and diagnoses
• Current medication list with doses and prescribing doctors
• Allergies
• Immunization records
• Recent lab results, typically the last 2 to 3 years
• Imaging reports, plus the actual images if you’re seeing a specialist who will compare them
• Recent visit notes and specialist letters
• Surgical and hospital discharge summaries

Skip duplicate billing records and old routine visit notes unless the new doctor asks. Smaller requests are processed faster.

Step by step: switching practices without gaps

1. Before your last visit with the old doctor, request refills that will last at least 2 to 3 months, so prescriptions don’t run out while records move.
2. Download what you can yourself. Log in to your patient portal and save your visit summaries, medication list, labs and immunizations as PDFs.
3. Call the new practice and ask: “Can you pull my records electronically from my previous provider? If not, what form do you need me to sign?”
4. Sign the release the new practice provides, or send your own written, signed request to the old practice naming the new practice, its address and its fax or secure electronic address.
5. Confirm receipt a week before your first appointment. Ask the new practice to check that records arrived and are filed in your chart.
6. Bring your own copy to the first visit, either printed or on your phone. If you’ve added records to your phone, our guide to adding medical records to Apple Health or Android shows how to pull them up fast.
7. Update your pharmacy with the new prescriber once the new doctor takes over your medications.
8. Close the loop with the old practice if you want: ask whether any results are pending so nothing slips through.

Special situations

Your old practice closed or your doctor retired

States set how long providers must keep records, and many require closing practices to arrange custody of patient files. Check the practice’s website, voicemail or closing letter for a records custodian. If you can’t find one, your state medical board or health department can often tell you who holds the records.

You’re managing a parent’s or child’s records

Parents of minor children can usually request records as their child’s personal representative, with some state-law exceptions for adolescents. For an adult parent, you’ll need legal authority, such as a health care power of attorney. Our guide to patient portal proxy access for caregivers explains the paperwork.

The office is stalling

Providers can’t unreasonably block the exchange of electronic health information. The federal information blocking rules from the 21st Century Cures Act have applied to health care providers since April 5, 2021. Start with a polite written follow-up citing your HIPAA right of access. If that fails, you can file a complaint with the HHS Office for Civil Rights, which enforces HIPAA’s right of access.

Common mistakes to avoid

Where to start today

If you’re switching doctors this month, do 3 things today: log in to your old patient portal and download your medication list, allergies, immunizations and recent labs; call the new practice to ask how it gets records; and request any refills you’ll need to bridge the gap. Everything else can follow from there.

If you want to understand what’s actually in the chart you’re moving, our explainer on what an electronic health record is and who can see it breaks it down.

The bottom line

Transferring medical records is mostly a coordination problem. Let the new practice try an electronic pull first, sign a release if they ask for one, and keep your own digital copy of the essentials. Do that, and your new doctor starts with the full picture instead of a blank chart.

Sources

• HHS: Does HIPAA permit doctors to share patient information for treatment without authorization? — treatment disclosures, permissive not mandatory, psychotherapy notes exception
• HHS: Individuals’ right under HIPAA to access their health information (45 CFR 164.524) — written requests, 30-day timeline, directing copies to a third party
• HHS: Important notice regarding individuals’ right of access to health records — effect of Ciox Health v. Azar on third-party fees
• ASTP/ONC: Information blocking applicability and enforcement dates — April 5, 2021 start date for providers
• ASTP/ONC: TEFCA — nationwide network-of-networks for exchanging records