Arkansas Medical Records Access Laws: Patient Rights, Request Process, and Fees

If you need copies of your health information in Arkansas, state law sets clear rules for access, formats, and what providers can charge. Below, you’ll find your rights under Arkansas Code Section 16-46-106, the exact steps to request records, permitted fees, how electronic health records are handled, and what to do if access is denied.

Patient Rights Under Arkansas Law

Arkansas Code Section 16-46-106 gives you the right to obtain, upon written request, access to and copies of your medical records from doctors, hospitals, ambulance providers, and other medical institutions. You may request records for use in legal proceedings, for an insurance claim, or for life‑insurance underwriting; you can also direct records to your attorney or another third party. Effective August 1, 2023, the statute also incorporates HIPAA’s patient access standards (as they existed on January 1, 2023) for requests you make for your own records, while keeping Arkansas’s own fee rules. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))

• You can submit a written request yourself or through an authorized person; providers must furnish copies after you pay the allowable expenses. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
• If your records exist electronically, you have a right to receive them in an electronic format, including secure electronic transmission, consistent with federal law. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
• For patient-initiated requests, Arkansas requires providers to follow HIPAA’s access standards (timely response and ability to direct records to a recipient you choose), but excludes HIPAA’s fee caps. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
• Under HIPAA, covered entities generally must fulfill access requests within 30 days (with a single 30‑day extension, if needed). ([hhs.gov](https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html?utm_source=openai))

Requesting Medical Records

Step-by-step process

Use these steps to keep your request moving quickly and to avoid unnecessary fees or delays:

1. Identify what you need. Specify the provider, date ranges, and types of documents (for example, visit notes, labs, imaging reports, billing records, or the full chart).
2. Prepare a written request. Include your full name, date of birth, contact information, a description of the records requested, preferred delivery format (paper or electronic), and where to send them (you, your attorney, or another third party). State that the request is made under Arkansas Code Section 16-46-106 and, if applicable, that it is a patient Right of Access request under HIPAA. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
3. Meet patient authorization requirements. If someone else will receive your records, attach a valid HIPAA authorization that contains the required core elements (description of the information, name of the recipient, purpose, expiration, signature/date, and required statements). ([law.cornell.edu](https://www.law.cornell.edu/cfr/text/45/164.508?utm_source=openai))
4. Submit to Health Information Management/Release of Information. Send your request by portal, secure email, mail, fax, or in person, following the provider’s instructions.
5. Track timelines. HIPAA’s 30‑day outer limit applies to patient Right of Access requests; Arkansas sets a specific 30‑day deadline for producing electronic records referenced in Section 16-46-106(c). ([hhs.gov](https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html?utm_source=openai))

Fees and Charges for Access

Paper records

• Per‑page copying limits: up to $0.50 per page for the first 25 pages and $0.25 per additional page. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
• Labor or retrieval: a labor charge up to $25 per request, or instead, a reasonable retrieval fee when stored printed/written records are kept off‑site. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
• Certification: an additional $2 if you request notarization/certification. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
• Postage: actual mailing cost may be charged. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
• Narrative medical reports/medical reviews: reasonable fees are allowed, but only if you specifically request them. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))

Electronic records and other fee rules

• For requests covered by Section 16-46-106(c), if records exist in electronic format, the provider must produce them electronically; the fee for producing electronic medical records is a flat $75, plus actual postage if applicable. No other fees are allowed for electronic production under that subsection. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
• Arkansas law makes HIPAA’s fee provisions inapplicable to patient Right of Access requests, so Arkansas’s fee schedule governs even when you request your own records. Confirm whether your request will be fulfilled as electronic production under 16‑46‑106(c) ($75 flat fee) or as paper copying with per‑page fees. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
• The labor/retrieval fee subsection does not apply to records that exist electronically or to copies of X‑rays. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))

Electronic Medical Records Access

If your provider maintains electronic health records (EHR), Arkansas requires electronic production, including secure electronic transmission, to the extent consistent with federal law. A provider does not have to produce records in a specific electronic file type unless a specific format is required by the Arkansas Rules of Civil Procedure or ordered by a court for a legal proceeding. Electronic records requested under Section 16‑46‑106(c) must be produced within 30 days. The only fee permitted for producing those electronic records is $75, plus actual postage if any. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))

Denial and Review Process

A physician may deny access if, in the physician’s professional judgment, disclosure would be detrimental to your health or well‑being. The physician must issue a written determination explaining the basis for non‑disclosure. You may then select a second physician of the same type of practice to review the records. If the second physician concludes disclosure would not be detrimental, the records must be released; if the second physician agrees disclosure would be detrimental, the records will either be withheld or the objectionable material will be obscured. You are responsible for the cost of this review. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))

Legal Remedies for Denied Access

Arkansas law preserves the standard subpoena process. If, after reasonable requests and a reasonable time, you must use a subpoena to obtain access to or copies of your records, the court that issues the subpoena must award you reasonable attorney’s fees and court costs against the medical provider. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))

For patient Right of Access requests under HIPAA (outside litigation or insurance claims), you may also file a privacy complaint with the U.S. Department of Health and Human Services Office for Civil Rights or with the Arkansas Department of Health. ([hhs.gov](https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html?utm_source=openai))

Exemptions Under Arkansas Law

• Department of Corrections: Section 16‑46‑106 does not apply to the Department of Corrections. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
• Fee subsection limits: the labor/retrieval provision does not apply to records that exist in electronic format or to copies of X‑rays. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))
• HIPAA baseline exceptions still apply to patient access (incorporated by Section 16‑46‑106(h)), such as psychotherapy notes and information compiled in reasonable anticipation of litigation. ([hhs.gov](https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html?utm_source=openai))

Key takeaways

• Use a precise, written request and, when needed, a HIPAA‑compliant authorization to direct Medical Records Disclosure to your chosen recipient.
• Expect per‑page fees for paper copies and a flat $75 fee for electronic production when Section 16‑46‑106(c) applies; postage may be added.
• If a physician denies access, a second‑physician review is available; courts can award attorney’s fees if you must resort to a Subpoena for Medical Records after reasonable requests. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))

FAQs.

How can patients request their medical records in Arkansas?

Send a written request to the provider’s Health Information Management/Release of Information office that identifies you, specifies the records and dates of service, states your preferred format (paper or electronic), and names the recipient. If someone else will receive the records, include a valid HIPAA authorization. You can also direct records to your attorney or another third party under Arkansas Code Section 16‑46‑106. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))

What fees are allowed for medical record copies?

For paper copies, providers may charge up to $0.50 per page for the first 25 pages, $0.25 for each additional page, a labor fee up to $25 per request (or a reasonable retrieval fee for off‑site stored, non‑electronic records), $2 for certification if requested, and actual postage. For electronic records produced under Section 16‑46‑106(c), the fee is a flat $75 plus actual postage; no other charges may be added. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))

When can a physician deny access to records?

A physician can deny access if disclosure would be detrimental to your health or well‑being and must document that determination in writing. You may then seek a same‑specialty second‑physician review; if the second physician finds disclosure would not be detrimental, the provider must release the records. Separate HIPAA exceptions (for example, psychotherapy notes) also limit access. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))

How can patients challenge a denial of access?

Request a second‑physician review under Arkansas Code Section 16‑46‑106. For HIPAA Right of Access denials, you can also file a complaint with HHS’s Office for Civil Rights or the Arkansas Department of Health. If a provider refuses after reasonable requests and time, you may use a Subpoena for Medical Records; courts must award reasonable attorney’s fees and costs to you in that circumstance. ([law.justia.com](https://law.justia.com/codes/arkansas/title-16/subtitle-4/chapter-46/subchapter-1/section-16-46-106/))