Georgia Medical Records Request Rules for Practices (2026)

Georgia gives providers 30 days to furnish records once they receive a request with a HIPAA authorization and a signed written authorization. The state's fee caps rise with inflation each July 1. For July 2026, the Department of Community Health set a retrieval fee of up to $25.88 and copy charges starting at $0.97 per page. The state says these rates should not be used when patients request their own records. In lawsuits, a records request to a health care provider must also be sent to the patient, and the patient, the practice or any party can object within 20 days.

At a glance

When the patient asks

Georgia's health records law (O.C.G.A. Title 31, Chapter 33) applies to "providers." That term covers hospitals, ambulatory surgical facilities and other listed facilities, plus anyone licensed under Chapters 9, 11, 26, 34, 35 or 39 of Title 43. Those chapters cover chiropractors, dentists, nurses, physicians, podiatrists and psychologists. Physical therapists (Chapter 33 of Title 43) are not on the list.

On written request from the patient, the provider must furnish "a complete and current copy" of the record. A person holding the patient's advance directive, psychiatric advance directive or health care power of attorney can also make the request. Under section 31-33-2(b), the record must be furnished within 30 days of receipt of the request. The request must come with two documents: an authorization that complies with HIPAA and a signed written authorization showing the requester's right to the records. The practice may rely on that authorization.

A provider may refuse to give records to the patient if it reasonably decides that disclosure would harm the patient's physical or mental health. In that case, the provider must send the records to another provider the patient names in writing (section 31-33-2(c)).

Section 31-33-3 sets the fees, and the Department of Community Health (DCH) adjusts them each July 1 using the medical component of the consumer price index. The amounts effective July 1, 2026, are the same as the year before:

• Search, retrieval and other direct administrative costs: up to $25.88
• Certification: up to $9.70 per record
• Paper copies: $0.97 per page for pages 1 to 20, $0.83 per page for pages 21 to 100, and $0.66 per page over 100
• Actual postage
• Radiology films, models and other non-paper records: the full reasonable cost of reproduction

The practice may require payment before it furnishes the records. These fees do not apply to records requested to make or complete an application for a disability benefits program. DCH's notice says state rates "should not be applied when individuals request records for themselves." It says HIPAA's fee rules apply instead, and the federal page explains those rules.

When the patient's attorney asks

Section 31-33-2(b) requires records to go to "any other person designated by the patient" within 30 days. This includes the patient's attorney. The same two documents are required: a HIPAA authorization and a signed written authorization. The party requesting the records pays the costs under section 31-33-3, so the 2026 DCH rates apply to attorney requests. The practice may collect payment before releasing the records.

Georgia's physician privilege statute (section 24-12-1) says physicians, hospitals and health care facilities do not have to release medical information without the patient's written authorization or waiver, or an appropriate court order or subpoena. It also says the privilege is waived "to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any judicial proceeding." This section does not apply to psychiatrists.

Subpoenas

Section 9-11-34(c)(2) sets the rules when a party in a Georgia lawsuit asks a nonparty "practitioner of the healing arts" or health care facility for records:

• A copy of the request must be served on the person whose records are sought (or that person's attorney, if known) by certified mail or statutory overnight delivery, return receipt requested. It must also be served on all parties.
• The practice, any party or the patient may file an objection within 20 days of service. If anyone objects, the practice "shall not furnish the requested materials until further order of the court."
• If no objection is filed within 20 days, the practice "shall promptly comply."
• A practice that is not served with an objection and produces the records is immune from regulatory, civil and criminal liability, even if the records contain confidential or privileged information. This protection also covers records produced under a section 9-11-45 subpoena (section 9-11-34(c)(3)).
• A reasonable copying charge may be required (section 9-11-34(c)(1)).

These rules do not override the confidentiality of mental illness, developmental disability, and alcohol and drug treatment records, or of AIDS information (section 9-11-34(d)). Under section 24-9-902(11), a custodian's written declaration can authenticate business records.

Records that need extra consent

• Mental health records: Chapter 31-33, including the 30-day rule, does not apply to psychiatric, psychological or other mental health records. The exceptions are section 31-33-3 (the fee caps) and sections 31-33-7 and 31-33-8 (section 31-33-4).
• AIDS information: this may not be disclosed, or compelled by subpoena or court order, except as section 24-12-21 allows. Disclosure is allowed to anyone the patient names in writing. It can also be disclosed as medical information if the patient consented in writing, or was notified at least 10 days ahead and did not object.
• Genetic test results: these are confidential and privileged, and may be released only to the person tested and people that person "specifically authorized" (section 33-54-3(b)).

Billing records and medical bills

At the trial of an injury case, the patient or a family member can identify medical bills. Bills from physicians, chiropractors, physical and occupational therapists, psychologists and other listed providers qualify. No expert needs to testify that the charges were reasonable and necessary, though the other side can still cross-examine (section 24-9-921).

Section 51-12-1.1, added by SB 68 in 2025, limits medical damages to the reasonable value of medically necessary care. If the plaintiff has health insurance, the evidence includes both the amounts charged and the amounts the insurance would actually pay to satisfy them. For treatment under a letter of protection, these items are relevant and discoverable:

• A copy of the letter of protection.
• All charges, itemized and coded.
• If the provider sold the account below invoice, the buyer's name and the price paid.
• Who referred the patient for treatment under the letter of protection.

The section applies to causes of action arising on or after April 21, 2025.

How long to keep records

A provider must keep "any evaluation, diagnosis, prognosis, laboratory report, or biopsy slide" in a patient's record for at least 10 years from the date it was created (section 31-33-2(a)(1)(A)). This rule does not apply to a provider who retired or sold the practice after notifying patients and offering their records to another provider of their choice. Hospitals follow separate hospital rules. Because physical therapists are not "providers" under chapter 31-33, this rule does not cover them by its terms.

Recent changes

• SB 68 (2025): created section 51-12-1.1 on medical-expense evidence and letter-of-protection discovery. It took effect April 21, 2025, for causes of action arising on or after that date.
• DCH fee amounts for July 1, 2026: unchanged from the previous year.

What this means for your practice

• Track every request against the 30-day deadline. Check that each request includes both a HIPAA authorization and a signed written authorization.
• Use the 2026 DCH rates for attorney, insurer and other third-party requests. For patients' own requests, follow HIPAA's fee rules, as DCH instructs.
• Collect fees before release if you want to. Georgia allows it.
• When you receive a records request in a lawsuit, wait 20 days from service for objections. If someone objects, do not produce until a court orders it.
• For letter-of-protection patients, keep itemized, coded charges and records of any sale of the account. Both are discoverable in cases arising on or after April 21, 2025.
• Keep evaluations, diagnoses and lab reports for at least 10 years from creation.

Sources

1. O.C.G.A. § 31-33-1 (definitions), 2025 Code of Georgia
2. O.C.G.A. § 31-33-2 (retention; furnishing records), 2025 Code of Georgia
3. O.C.G.A. § 31-33-3 (costs of copying and mailing), 2025 Code of Georgia
4. O.C.G.A. § 31-33-4 (mental health records), 2025 Code of Georgia
5. Georgia Department of Community Health, Medical Records Retrieval Rates (effective July 1, 2026)
6. O.C.G.A. § 24-12-1 (release of medical information), 2025 Code of Georgia
7. O.C.G.A. § 9-11-34 (production from nonparties), 2025 Code of Georgia
8. O.C.G.A. § 24-9-902 (self-authentication), 2025 Code of Georgia
9. O.C.G.A. § 24-12-21 (AIDS confidential information), 2025 Code of Georgia
10. O.C.G.A. § 33-54-3 (genetic testing), 2025 Code of Georgia
11. O.C.G.A. § 24-9-921 (identification of medical bills), 2025 Code of Georgia
12. O.C.G.A. § 51-12-1.1 (medical expense damages; letters of protection), 2025 Code of Georgia

How we verified: statute text read in the 2025 Code of Georgia (Justia copy, which includes 2025 session laws) and fee amounts read on the Georgia Department of Community Health's official page, on November 12, 2026.