A records request is only as strong as the authorization behind it. Providers can reject an authorization that is incomplete, expired, or missing a required statement, and corrections can delay processing. Use this checklist to reduce avoidable authorization problems before you submit.

FCA’s Records Retrieval team submits authorized requests, follows up with providers, and delivers available medical and billing records to your firm. Your part is a complete request and a valid, signed authorization. [5]

Key takeaways

In this article

HIPAA permits a provider to obtain voluntary consent for treatment, payment and health care operations. When HIPAA requires authorization for a disclosure, that general consent is not enough unless it also meets the authorization requirements. For a PI records request relying on patient authorization, use the appropriate release form rather than assuming an intake consent covers disclosure to your firm. [1]

What every valid authorization must include

Under HIPAA, a valid authorization contains six core elements and three required statements. Missing any one of them can make the form defective. The authorization must also be written in plain language. [2]

Core elementWhat to check
Description of the recordsSpecific and meaningful, such as record types and dates of service
Who may discloseThe provider, facility, or class of providers releasing the records
Who may receiveYour firm and, where applicable, FCA or other authorized recipients identified by name or specific class
PurposeDescribe each purpose; “at the request of the individual” is sufficient when the individual initiates the authorization and does not give a purpose
ExpirationA date or event related to the individual or the disclosure purpose, consistent with applicable state law
Signature and dateSigned and dated by the patient, or by a personal representative with a description of their authority

Required statements must explain all of the following: [2]

  1. Revocation: the right to revoke in writing, plus the exceptions and how to revoke. The form may instead refer to the covered entity’s privacy notice if that notice supplies the exceptions and instructions.
  2. Conditioning: whether treatment, payment, health-plan enrollment or benefit eligibility may depend on signing. State the prohibition when it applies, or the consequences of refusing when a permitted exception applies.
  3. Redisclosure: information released under the authorization may be disclosed again by the recipient and may no longer be protected by the HIPAA Privacy Rule.

Other laws may still protect the information. Use the firm’s current approved wording rather than treating this summary as a ready-to-sign form.

California adds its own requirements

For authorizations subject to California’s Confidentiality of Medical Information Act, Civil Code 56.11 adds requirements. Among them, the authorization must be handwritten or printed in typeface no smaller than 14-point, and it must tell the signer they have the right to receive a copy. [3] [4]

For California authorizations, use an expiration of one year or less unless the supervising attorney confirms an applicable exception. CDII’s June 2025 guidance notes an exception when the signer requests a longer timeframe. Do not assume a longer case automatically permits a longer authorization; have counsel check the current statute and the form before using that exception. [3]

The staff checklist

Stage 1 Before the client signs

Set the form up correctly so the signature is the last step, not the first.

Stage 2 At signing

Stage 3 Check for special records

Some records need more than a general authorization. Flag these before you submit.

When in doubt, ask the attorney on the case and check the provider’s own requirements.

These are issue-spotting flags, not a substitute for checking current federal and state requirements for the particular records. [2] [4]

Stage 4 Submitting the request to FCA

Use the firm’s approved secure submission process and provide only the documents needed for the authorized request.

Why providers reject authorizations

Most rejections come from a short list of avoidable errors.

Rejection reasonQuick fix
Expired authorizationUse a lawful, attorney-approved expiration and replace the form before it lapses
Blank required fieldReview every core element before the client signs
Patient name or date of birth does not match provider recordsInclude former names and confirm details with the client
Small print on a California formUse a current attorney-approved form in at least 14-point type
Representative signed with no stated authorityConfirm legal authority, describe it on the form, and attach supporting proof when required
Combined with other paperworkKeep the authorization as a standalone document
Special records requested on a general formUse the separate or specific authorization those records require
Provider requires its own formAsk early and have counsel review any additional form before the client signs

Track follow-up through delivery

A complete authorization starts the request. Keep one request log per provider so your team can see what remains outstanding.

FCA follows up and reports available status information, but timing varies by provider and request. Your firm remains responsible for legal deadlines, scope decisions and review of the records received. [5]

Before you send

Frequently asked questions

What makes a medical record authorization valid? Under HIPAA, it must describe the records, name who discloses and who receives them, state the purpose, include an expiration, and be signed and dated. It also needs statements on revocation, conditioning, and redisclosure.

Do California providers have extra requirements? Yes. California’s CMIA includes requirements for the form, signature, expiration and right to a copy. Use a current attorney-approved form and confirm any exception before selecting an expiration beyond one year.

Can a general authorization also cover psychotherapy notes? For an authorization-based PI request, use a separate psychotherapy notes authorization. It can only be combined with another psychotherapy notes authorization.

Can a family member sign for the client? A family relationship alone is not enough. Confirm that the person is legally authorized to act for the client for the records requested, and describe their authority on the form. Minor-consented services need particular care.

How long does retrieval take once the authorization is submitted? Timing depends on each provider, the record volume, and whether the provider asks for corrections. A complete, valid authorization helps avoid the most common delays.

What if the provider rejects the authorization? FCA identifies the follow-up item the provider has requested, so your team can correct it and resubmit.

Send your records request

Submit your request with the signed authorization, and FCA can coordinate provider follow-up and delivery of available records. Questions? Call (855) 870-2274.

Start a retrieval request

Disclaimer

This checklist is general information for law firm staff and is not legal advice. Authorization requirements vary by provider, record type, and jurisdiction; confirm forms with your supervising attorney. Fund Capital America is not a law firm.

Sources

Legal guidance and service details checked October 20, 2026. Confirm current requirements before using an authorization form.

1. HHS guidance on consent and authorization

2. 45 CFR 164.508 on authorization requirements

3. California CDII Statewide Health Information Policy Manual June 2025 section 2.1.1 pages 18 and 19

4. California CDII State Health Information Guidance January 2025 Appendix 2

5. FCA medical and billing record retrieval services

6. FCA medical record retrieval request form