Free copies of medical records: changes

An amendment to the Patient Rights and Patient Ombudsman Act effective as of 4 May 2019 has changed how medical records are issued to patients.

What has changed?

The new provisions state that the first copy of medical records must be provided to a patient free of charge. A dilemma arose when an agent authorised by the patient requested access to the patient’s medical records. Medical facilities were in doubt if records provided to an agent should be considered the first free copy of medical records or a fee should be charged for a copy delivered to an agent.

The Ministry of Health believes that the amendments to the aforementioned Act will guarantee that a first copy of medical records is provided to a patient free of charge. Thus, it is irrelevant whether medical records are requested personally by the patient or by the patient’s authorised agent. Likewise, whether the authority is based on an authorisation referred to in the Act or on a power of attorney provided in the Polish Civil Code is of no relevance with regard to the request for medical records.

The key consideration in respect of a request for medical records is whether a patient benefits from access to their records for the first time.

Read more on the Patient Ombudsman’s website here.