---
title: "HIPAA request for an injured person's records"
url: "https://ailawframework.com/precedents/personal-injury-and-compensation/us-hipaa-records-request"
type: "precedent"
site: "AI Law Framework"
id: "a21-us-hipaa-records-request"
area_id: "A21"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A21-T1-R2", "A21-P20260916-1"]
law_stated_as_at: "2026-10-22"
---

# HIPAA request for an injured person's records

> A request that a covered entity send an injured person's records to counsel, on one of two paths: an authorization under 45 CFR § 164.508, or the individual's access request under 45 CFR § 164.524.

Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/us-hipaa-records-request  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md)
- Jurisdictions: United States
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for United States.

## When to use it

Use when counsel needs records from a provider or plan. The lawyer picks one path. Do not combine them into one signature block. Psychotherapy notes are outside the access right and need their own authorization.

## Used for these tasks

- [Build a medical chronology from the record set](https://ailawframework.com/practice/personal-injury-and-compensation/build-a-medical-chronology-from-the-record-set.md)
- [Find gaps and duplicates in a medical-record set](https://ailawframework.com/practice/personal-injury-and-compensation/find-gaps-and-duplicates-in-a-medical-record-set.md)

## How AI may be used

AI may assemble the authorization or the access request from the provider, the date range, and the firm address the lawyer supplies. The lawyer picks the path and the patient signs.

**AI may:**

- Insert the provider, the patient, the date range, and the firm's address
- Keep psychotherapy notes off the general authorization
- Flag a draft that uses both signature blocks

**AI must not:**

- Must not choose the path or describe the patient's condition
- Must not say that treatment can be conditioned on the authorization, unless the lawyer has identified a section 164.508(b)(4) exception that applies
- Must not send the request or sign for the patient

**The lawyer checks:**

- One path only, and every core element and required statement is present if the path is an authorization
- The access request, if used, is in writing, signed, and names the person and the place to send the copy
- The date range matches the injury, not the patient's whole life, unless the lawyer widens it

## Authorities

- [45 CFR § 164.508(b) and (c) (valid authorization, core elements, required statements, psychotherapy notes, plain language)](https://www.law.cornell.edu/cfr/text/45/164.508)
- [45 CFR § 164.524(a), (b) and (c) (right of access, 30 days, directing a copy to another person, fees)](https://www.law.cornell.edu/cfr/text/45/164.524)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/us-hipaa-records-request and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*