Getting medical records of a deceased person in Texas takes more than calling the hospital. The person making the request must have legal authority, and the provider will want proof. An executor or estate administrator can usually request records related to their role.
Whether you’re handling estate matters, addressing healthcare needs, or looking into family medical history, knowing how to make a medical records request can save you a lot of time and effort.
Here’s who can access these records, what documents you’ll need, and how long the process takes.
There are several reasons someone might need a loved one’s medical history after their death.
The reason for the request matters, but it doesn’t automatically give someone access.
Medical records remain private after someone dies. Both federal and Texas laws set rules on who can see them.
Under HIPAA, medical records stay protected for 50 years after death. The U.S. Department of Health and Human Services explains this rule under 45 CFR § 164.502(f).
After 50 years, HIPAA no longer covers the deceased person’s information. However, Texas law may still restrict its release.
Here are the main Texas rules:
This means records don’t automatically become public after 50 years.
Not every family member has the right to see a deceased person’s full medical history.
People who may qualify include:
Spouses and children don’t automatically get full access. However, HIPAA allows providers to share certain details with relatives involved in the person’s care or medical bills.
A power of attorney also generally ends when someone dies, under Texas Estates Code § 751.131.
The process is easier when you know which records you need and have the right paperwork.
Ask the provider about its process before sending sensitive documents.
Even a valid request can run into problems.
A provider might ask for more proof of your authority. Records may also be harder to find if a clinic has closed or changed ownership.
Sometimes, the records are no longer available because the required storage period has passed.
If your request is denied, ask for the reason in writing. Texas Occupations Code § 159.006(e) sets requirements for physicians who deny record requests.
How soon can you expect the records? That depends on the request and whether the provider has everything it needs.
Texas Occupations Code § 159.006(d) generally gives physicians 15 business days to send the records once they receive valid written consent.
HIPAA has a different deadline for requests covered by its access rule. Providers usually have 30 calendar days to respond. They can take another 30 days if they meet the rule’s extension requirements.
There may also be a fee for copies. Texas Occupations Code § 159.008 sets rules and limits on what physicians can charge.
It’s worth checking the cost before asking for a large number of records.
The executor or court-appointed administrator can usually request records related to their duties. Others may qualify if they have legal authority. Being a close relative doesn’t automatically give someone full access to the records.
Start with a valid ID and any forms the provider requires. You may also need a death certificate and proof of your legal authority. Letters testamentary or letters of administration can help show that you’re allowed to act for the estate.
Texas physicians generally have 15 business days to fulfill a valid request. Copying fees depend on the records and applicable limits. Ask about the total cost and delivery method before sending your request.
If you haven’t heard back, call the provider and ask what’s holding up your request. Sometimes, they’re still waiting for a form or proof that you’re allowed to access the records. If you can’t resolve the issue with the provider, you can contact the Texas Medical Board or the HHS Office for Civil Rights.
Letters testamentary are court-issued documents showing that someone has been appointed executor of an estate. To get them, the will must go through probate, and the executor must qualify for the role. Under Texas Estates Code §§ 306.001 and 306.004, the court clerk issues the letters after the required steps are completed.
A son or daughter can request records when they have legal authority to act for their parent’s estate. Without that authority, being their child isn’t enough to get the full medical file. HIPAA may still allow the provider to share certain health details, including information relevant to the parent’s care or the child’s own medical treatment.
It depends on the provider and the patient’s age. Under 22 TAC § 163.2, Texas physicians generally keep adult records for at least seven years after the last treatment. Hospitals can usually dispose of records after 10 years under Texas Health and Safety Code § 241.103. Records involving minors or legal cases may need to be kept longer.
You may still be able to get the records even if the estate has no executor. A court-appointed administrator can request them, and a judge may also order their release in some cases. If you helped care for the person or paid their medical bills, the provider may share details related to that role. Texas and federal privacy rules still apply.
Getting a loved one’s medical records can be frustrating, especially when important documents are missing. Knowing the rules helps you avoid delays and make the right request. If you need records for a legal case, Central Texas Litigation can help with medical record retrieval and case support. Get a quote to learn more about available services.
