Pennsylvania Medical Records Request Rules for Practices (2026)

Pennsylvania gives patients and their attorneys a right to copies of medical records without a subpoena, and caps the fees at amounts the Department of Health adjusts every January. For 2026, a practice may charge up to $2 per page for the first 20 pages, $1.48 for pages 21 to 60 and $0.52 after that, plus a $29.61 search and retrieval fee that cannot be charged to a patient asking for their own records. Subpoenas for records follow a specific certified-copy procedure in 42 Pa.C.S. §§ 6151 to 6160, and physicians must keep records for at least 7 years.

At a glance

Question	Answer
Deadline for a patient's request	Pennsylvania's patient access statute sets no deadline, so the federal HIPAA timeline applies. Records produced under a subpoena are due within 30 days after the practice is paid.
Copy fees a practice can charge	2026 maximums: $2 per page for pages 1 to 20, $1.48 for pages 21 to 60, $0.52 from page 61, $2.95 per page from microfilm, $29.61 search and retrieval, plus actual postage and delivery. These apply to paper and electronic media copies. A patient's own request is governed by HIPAA, and no search and retrieval fee may be charged.
Requests from the patient's attorney	The patient's designee, "including his attorney", may get copies without a subpoena. The same 2026 fee caps apply, including the $29.61 search and retrieval fee.
Subpoenas	The practice may notify the serving attorney within 3 days that it elects to proceed under 42 Pa.C.S. Ch. 61, Subch. E. It is paid first, then delivers notarized, certified copies in a sealed inner envelope within 30 days. The custodian appears in person only if the subpoena requires it.
Records that need extra consent	HIV-related information (35 P.S. § 7607) needs a written consent with 9 listed elements. Drug and alcohol treatment records (71 P.S. § 1690.108) and records under the Mental Health Procedures Act (50 P.S. § 7111) have their own consent rules.
How long to keep records	Physicians and chiropractors: at least 7 years from the last service. Minors: until 1 year after reaching majority, if that is longer. Osteopathic physicians: 7 years from the last entry; minors until 2 years after age 18 or 7 years, whichever is later.
Recent changes (2023–2026)	New fee amounts took effect January 1, 2026 (a 3.0% consumer price index increase), published at 55 Pa.B. 8441. In November 2025 the Department of Human Services filed a proposed update to its mental health confidentiality rules.

When the patient asks

Under 42 Pa.C.S. § 6155(b), a patient or the patient's designee has a right to see their medical charts and records and get photocopies "without the use of a subpoena duces tecum." A practice may not charge more than the amounts in § 6152(a)(2)(i). The Secretary of Health adjusts those amounts each year by the consumer price index and publishes them in the Pennsylvania Bulletin.

The Department of Health's notice for 2026 (55 Pa.B. 8441, December 13, 2025) sets these maximums, effective January 1, 2026:

Pages 1 to 20: $2 per page
Pages 21 to 60: $1.48 per page
Pages 61 to the end: $0.52 per page
Microfilm copies: $2.95 per page
Search and retrieval: $29.61
Records to support a Social Security claim or a federal or state needs-based benefit program: flat $37.52
Actual cost of postage, shipping and delivery on top of these amounts

The per-page amounts apply to paper copies and to copies on electronic media, whether the records are stored on paper or electronically. They do not apply to X-ray film or other parts of a record that cannot be photocopied. A flat fee cannot be combined with the search and retrieval fee.

The notice says a request from the patient or the patient's personal representative is governed by HIPAA. In that case the fee is limited to HIPAA's cost-based amounts, and no search and retrieval fee may be charged. The Department also says it is not authorized to enforce these charges.

Section 6155 sets no response deadline for a patient's own request, so the federal HIPAA timeline applies.

When the patient's attorney asks

Section 6155(b)(1) extends the right of access to the patient's "designee, including his attorney," again without a subpoena. The same fee caps apply. The HIPAA exception in the Department's notice names requests by the patient or the patient's personal representative and does not mention attorneys, so the 2026 schedule above, including the $29.61 search and retrieval fee, is the cap the notice sets for an attorney's request.

Section 6155(b)(2) adds an insurer rule. An insurer does not have to pay for records it needs to validate services billed under an insurance contract, except as provided by the Workers' Compensation Act, the Motor Vehicle Financial Responsibility Law (75 Pa.C.S. Chapter 17), or a contract.

Subpoenas

Subchapter E of 42 Pa.C.S. Chapter 61 (§§ 6151 to 6160) gives practices a set way to answer a subpoena for records without sending a witness. When a health care provider receives a subpoena duces tecum, it is a sufficient response to notify the attorney who caused the subpoena to be served, within three days, that the provider elects to proceed under this subchapter. That attorney then tells the other parties. This option does not apply to subpoenas from a district attorney or a Commonwealth agency.

After electing, the provider is entitled to payment of the scheduled fees before producing. Once paid, it must deliver legible certified copies within 30 days, by first class mail, certified mail with return receipt, or personal delivery. The records custodian signs the certification before a notary. It must include the patient's full name, the medical record number, the number of pages and the statutory legend. The copies go in a sealed inner envelope marked "Copies of Medical Records." If the practice has none or only part of the records, the custodian says so in a notarized affidavit.

The custodian has to appear in person only if the subpoena says so in order to testify on a disputed issue, and only on payment of reasonable expenses. Original records are produced only if the subpoena specifically asks for them. The patient, or the practice, can ask the court for a protective order limiting access to the copies.

In civil cases, Pa.R.C.P. 4009.21 requires a party seeking documents from a non-party to give every other party written notice at least 20 days before serving the subpoena. If a party objects, the subpoena cannot be served until the court rules.

Records that need extra consent

HIV. Under the Confidentiality of HIV-Related Information Act (35 P.S. § 7607), confidential HIV-related information may be disclosed only to listed recipients. Those include the patient and anyone named in a written consent. The consent must include nine elements:

who may disclose
who receives the information
the patient's name
the purpose
how much and what kind of information
the patient's signature
the date
a revocation statement
an expiration date or event

Each consented disclosure must carry the statutory notice that bars redisclosure. A court may order disclosure only after finding a compelling need.

Drug and alcohol treatment. The Pennsylvania Drug and Alcohol Abuse Control Act (71 P.S. § 1690.108) keeps drug and alcohol treatment records confidential. Without the patient's consent they may be disclosed only for listed purposes. Disclosure for unrelated purposes, such as litigation, needs an order of a court of common pleas after a showing of good cause. Records of federally assisted programs covered by 42 CFR Part 2 may be disclosed only as Part 2 allows.

Mental health. The Mental Health Procedures Act (50 P.S. § 7111) keeps documents about persons in treatment confidential, and privileged communications may never be disclosed without written consent. The Act applies to involuntary treatment and to voluntary inpatient treatment. Act 32 of 2022 added a HIPAA-aligned exception for covered entities and their business associates.

Billing records and medical bills

In compulsory arbitration, Pa.R.C.P. 1305(b)(1) requires the arbitrators to admit "bills or other documents evidencing charges incurred" and "records and reports of hospitals and licensed health care providers" if the offering party gave every other party at least 20 days' notice with copies. The official note says the arbitrators may find a bill authentic, necessary and reasonable without other evidence, but they do not have to. Under Pa.R.C.P. 1311.1, the same documents can be used at trial on appeal when the plaintiff elects to cap damages at the arbitration limit.

How long to keep records

Physicians (MD): at least 7 years from the last service. A minor's record must be kept until 1 year after the patient reaches majority, even if that is more than 7 years (49 Pa. Code § 16.95(e)).
Osteopathic physicians: at least 7 years from the last entry. For minors, until 2 years after the 18th birthday or 7 years from the last entry, whichever is later (49 Pa. Code § 25.213(b)).
Chiropractors: at least 7 years from the last chiropractic service. For minors, until 1 year after reaching majority (49 Pa. Code § 5.51(e)).
Hospitals: at least 7 years after discharge. For minors, until majority and then 7 years (28 Pa. Code § 115.23).

Recent changes

The Department of Health's 2026 fee notice (55 Pa.B. 8441) raised the copy fee caps by 3.0%, effective January 1, 2026. It replaced the notice published December 7, 2024 (54 Pa.B. 7968). In November 2025 the Department of Human Services filed a proposed rulemaking (IRRC No. 3466) to bring its mental health confidentiality rules in 55 Pa. Code Chapter 5100 in line with Act 32 of 2022 and HIPAA. We could not confirm whether that rule has been finalized. The official text of §§ 6151 to 6160 shows no amendment since 2012.

What this means for your practice

Keep two fee schedules: HIPAA cost-based fees for patients' own requests, and the 2026 Department of Health schedule for attorneys and other third parties.
Do not add the $29.61 search and retrieval fee to a patient's own request or to a flat-fee Social Security request.
When a records subpoena arrives, decide within 3 days whether to use the Subchapter E certified-copy procedure, and notify the serving attorney.
Have the custodian's certification notarized, include the record number and page count, and seal the copies in an inner envelope marked "Copies of Medical Records."
Check HIV, drug and alcohol, and mental health content before release. Each has its own consent rule.
Update your fee schedule each January when the Department of Health publishes new amounts in the Pennsylvania Bulletin.

Sources

How we verified: we read the statutes on the Pennsylvania General Assembly's official site, the regulations and court rules in the official Pennsylvania Code and Bulletin, and the Department of Health's fee page, on November 12, 2026.