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Yes. In Montana, you generally have the right to review and get copies of your own medical records after an accident. A health care provider must respond to a written request promptly and, under Montana law, no later than 10 days after receiving the request unless a limited exception or delay applies.
Your medical records can be important evidence after a car crash, slip and fall, workplace injury, or other accident. They help show what injuries were diagnosed, what treatment was recommended, how your condition changed over time, and how the accident affected your daily life.
After an accident, insurance companies often ask for proof before they will fairly evaluate an injury claim. Your medical records can help connect your injuries to the accident, document the treatment you received, and support claims for medical bills, lost wages, pain, limitations, and future care needs.
Records may include emergency room notes, imaging reports, surgical records, physical therapy notes, prescriptions, billing records, referrals, discharge instructions, and follow-up visit summaries. Under HIPAA, a patient’s right of access generally applies to protected health information in a “designated record set,” which can include medical records, billing records, payment and claims records, and other records used to make decisions about the patient.
Montana law gives patients the right to make a written request to examine or copy all or part of their recorded health care information. Once the provider receives the written request, the provider generally must make the information available, provide a copy if requested, explain that the information does not exist or cannot be found, identify another provider who maintains the record if known, explain a delay, or deny the request under a legally recognized exception.
If the records are in use or unusual circumstances delay the request, Montana law allows the provider to give a written explanation and identify the earliest date the information will be available. That date may not be later than 21 days after the provider received the request.
Yes. A written request is the safest approach and is what Montana’s patient-access statute describes. The request should clearly state that you are asking to examine and/or receive copies of your recorded health care information.
A practical request may include your full name, date of birth, dates of treatment, the accident date, the type of records requested, where the records should be sent, and your signature. Many hospitals and clinics use a standard “authorization” or “medical records request” form, but you should read it carefully before signing, especially if it allows disclosure of broader records than you actually need.
Montana law limits reasonable fees for providing health care information. For paper copies or photocopies, the fee may not exceed 50 cents per page. The provider may also charge an administrative fee for searching and handling the recorded health care information, but that administrative fee may not exceed $15.
Federal HIPAA rules also protect a patient’s right to access their own records, and federal fee limits remain important when a patient requests access to their own records. The U.S. Department of Health and Human Services has stated that the individual right of access and related fee limitations remain in effect for a patient’s own request.
Sometimes, but denials are limited. Montana law allows a health care provider to deny access in specific circumstances, including where the provider reasonably concludes that access would be injurious to the patient’s health, could endanger someone’s life or safety, could reveal a confidential source, involves certain peer review or quality assurance materials, or is otherwise prohibited by law.
HIPAA also has exceptions. For example, the federal right of access generally does not include psychotherapy notes or information compiled in reasonable anticipation of, or for use in, a legal proceeding.
Importantly, a provider usually should not withhold everything simply because part of the file may be protected. Montana law provides that, when possible, information that can be disclosed should be separated from information that is denied so the patient can still access the disclosable portion.
Not without careful thought. After an accident, an insurance adjuster may ask you to sign a broad medical authorization. That form may allow the insurer to collect years of unrelated medical records, including information that has little or nothing to do with the accident.
In many cases, it is better to request your own records first, review what they contain, and work with an attorney to decide what should be provided. This is especially important if you had prior injuries, chronic conditions, mental health treatment, or sensitive medical history. A prior condition does not automatically defeat an injury claim, but medical records should be handled carefully so the claim is presented accurately and fairly.
For most accident cases, useful records include emergency medical services records, emergency room records, hospital records, imaging reports, clinic visit notes, physical therapy records, specialist evaluations, prescriptions, work restrictions, and medical bills. If you were treated at more than one facility, you may need to request records from each provider separately.
You should also ask whether imaging is available in digital format. X-rays, CT scans, and MRIs may be important if a doctor, expert, or attorney later needs to review the actual images rather than only the radiology report.
Medical records are not just paperwork. They often shape how an insurance company, defense lawyer, mediator, judge, or jury understands the injury. Gaps in treatment, incomplete records, or missing follow-up notes can make a claim harder to evaluate.
That does not mean every case requires aggressive litigation. Sometimes the best approach is to gather records, understand the medical picture, calculate the losses, and negotiate from a clear factual foundation. Other times, especially when the insurer disputes causation, minimizes the injury, or requests overly broad medical information, legal guidance can make a meaningful difference.
The Boland Aarab way is client-centered, compassionate, and practical. After an accident, people are often dealing with pain, missed work, medical bills, transportation problems, and uncertainty about what to do next. Legal help should make that process clearer, not more overwhelming.
Boland Aarab PLLP focuses on helping clients understand their rights, organize the evidence, and make informed decisions. That includes reviewing medical records, communicating with insurers, protecting sensitive information, and pursuing a fair result without promising an outcome that no lawyer can guarantee.
How long does a Montana provider have to give me my medical records?
Generally, the provider must respond promptly and no later than 10 days after receiving your written request, unless a limited delay or exception applies. A delay for unusual circumstances generally cannot extend beyond 21 days after the request is received.
Can I get my records for free?
You can examine your records without charge during regular business hours under Montana law, but providers may charge reasonable fees for copies. Montana law caps paper copy fees at 50 cents per page and allows a search and handling fee of up to $15.
Can the insurance company get my medical records without my permission?
Usually, an insurer will ask you to sign an authorization. You should be cautious with broad authorizations because they may seek records beyond what is relevant to the accident.
What if my doctor refuses to give me my records?
Ask for the reason in writing. Some denials are allowed, but they are limited. If the denial seems improper or too broad, an attorney can help evaluate the next step.
Should I request medical bills too?
Yes. Medical bills are separate from treatment notes, and both may be important in proving the cost and extent of your accident-related care.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Legal Disclaimer
This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship with Boland Aarab PLLP. Every case is different, and you should speak with a qualified Montana attorney about your specific situation before making legal decisions.
Published by Boland Aarab PLLP