Patient Access to Medical Records
Nebraska Medical Records Access Law
Health
This law gives patients and their authorized representatives a right to examine and copy their medical records, with fee caps. Written authorizations that lack an expiration expire after 12 months, and mental health records may be withheld if a treating professional finds release is not in the patient's best interest.
- Where
- Nebraska
- Citation
- Neb. Rev. Stat. 71-8401 to 71-8407
- Status
- In force
- Enforced by
- No specific enforcement provision
- People can sue
- No
- Penalties
- No penalty stated; providers are immune for good-faith disclosures under these sections (71-8406).
- Applies to
- Providers: physicians, psychologists, chiropractors, dentists, hospitals, clinics, and other licensed or certified health care practitioners or entities (71-8402(5))
- Does not apply to release of records under the Nebraska Workers' Compensation Act (71-8407)
Rights it gives people
- Patients may request in writing to examine or copy their medical records; providers must furnish copies within 30 days and allow examination within 10 days (up to 21 days with written explanation).Neb. Rev. Stat. 71-8403(1)-(3)
Practices it requires
- Written authorizations without an expiration date or event expire 12 months after signing.Neb. Rev. Stat. 71-8403(1)
- Charge no more than a $20 handling fee and 50 cents per page for copies, and nothing for records supporting certain public benefit applications or appeals.Neb. Rev. Stat. 71-8404; 71-8405
Other duties
- Mental health records may be withheld if a treating physician, psychologist, or mental health practitioner determines release is not in the patient's best interest, unless a court orders release.Neb. Rev. Stat. 71-8403(1)
Sources
- Official text
- Neb. Rev. Stat. 71-8401 (Nebraska Legislature)
- Neb. Rev. Stat. 71-8403 (Nebraska Legislature)
- Neb. Rev. Stat. 71-8404 (Nebraska Legislature)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: effective_date null: enacted by Laws 1999, LB 17; date not confirmed. Definitions last amended by Laws 2022, LB752; date not confirmed.
Research reference, not legal advice.