RTI for Government Hospital Records: Treatment, Billing, Referral and Denial Records
Every government hospital maintains routine records of every OPD visit, IPD admission, discharge summary, prescription, lab investigation, billing voucher, referral note and denial endorsement. These are records under Section 2(f) of the RTI Act 2005. Filing an RTI under Section 6, citing the Indian Medical Council Regulations 2002 (Right to Records) and the Bharatiya Nyaya Sanhita 2023 for medico-legal protection, normally gets you certified copies within 30 days, faster for life-and-liberty matters.
When to use this guide
Use this guide if (a) a government hospital refused to admit your relative; (b) you need certified copies of OPD prescriptions, IPD ward records or discharge summaries; © the hospital is delaying release of medical records for an insurance claim; (d) you suspect medical negligence and need the operation theatre register; (e) you were asked to pay for “free” services; (f) a referral note was promised but never given.
Legal basis
- RTI Act 2005, Sections 6, 7(1), 7(1) proviso (48 hours for life and liberty).
- Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations 2002, Regulation 1.3.2: doctor must hand over copies of indoor records within 72 hours of request.
- National Medical Commission Act 2019 and the NMC Code of Ethics 2023 continuing the disclosure duty.
- Bharatiya Nagarik Suraksha Sanhita 2023 for medico-legal cases (continuation of the CrPC framework).
- Mental Healthcare Act 2017, Section 25: right of person with mental illness to access medical records.
- State PHC and District Hospital Service Manuals.
The Supreme Court in Indian Medical Association v V P Shantha (1995), Samira Kohli v Prabha Manchanda (2008) and Common Cause v Union of India (2018) has confirmed the patient's right to medical records.
Step-by-step process
- Identify the hospital and the right PIO. PIO is usually the Medical Superintendent or designated Hospital RTI Officer. AIIMS, RML, Safdarjung, JIPMER and similar autonomous hospitals are public authorities.
- Pin the visit. Date, OPD card number or IPD registration number, ward, treating doctor.
- Decide the right channel. For records, RTI works. For free copies under IMC Regulations, write a separate request and quote 1.3.2, you may get records faster than 30 days.
- Draft the RTI. Ask for OPD register entry, IPD ward register, doctor's notes, prescriptions, lab and radiology reports, operation theatre register, anaesthetist record, blood transfusion register, billing vouchers, referral file, and denial endorsement.
- For life-and-liberty matters, mark the envelope “RTI, Section 7(1) proviso, life and liberty” so the PIO must reply in 48 hours.
- Pay ₹10 fee (state-specific) and post by Speed Post AD; in life-or-death matters carry the application by hand and obtain a stamped acknowledgement.
- Wait then escalate.
Format / template
To, The Public Information Officer / Medical Superintendent, [Government hospital name] [Full address] Subject: RTI under Section 6 regarding treatment / billing / referral / denial records of [Patient name], CR No. [number], visit dated [DD/MM/YYYY] Sir / Madam, I, [Full name, relationship to patient if not the patient], a citizen of India, request the following under the RTI Act 2005. Fee of Rs. 10 paid by IPO no. [number]. In respect of the patient [Name], age [age], OPD card / IPD registration number [number], visit / admission dated [DD/MM/YYYY], ward [name / number], under the care of [doctor's name and unit if known]: 1. Certified copy of the OPD register entry. 2. Certified copy of the IPD admission and discharge entry in the ward register. 3. Doctor's progress notes, nurse's notes, vital chart and intake-output chart. 4. Prescriptions issued and the medicines dispensed against each (free / paid). 5. Lab investigation reports and radiology reports. 6. Operation theatre register entry, anaesthetist record, surgical safety checklist (if surgery was done). 7. Blood transfusion register entry (if applicable). 8. Billing vouchers and receipts (if any payment was demanded), with rate list. 9. Referral note issued or denied; and the file noting on the decision to refer. 10. If admission was denied, the endorsement on the OPD card and the reason recorded in writing. 11. Discharge summary and discharge against medical advice (DAMA) form, if any. 12. Standard Operating Procedure for admission, denial and referral in this hospital. I have attached a self-declaration confirming I am the patient / immediate relative authorised to receive these records under IMC Regulations 1.3.2. I invoke Section 10 (severability), third-party data of other patients may be redacted. I undertake to pay further fee under Section 7(3). [If applicable: This is a life and liberty matter under the proviso to Section 7(1); reply is sought within 48 hours.] Yours faithfully, [Signature, name, date]
Common mistakes
- Asking for diagnosis or opinion. PIO is not a treating doctor. Stay record-shaped.
- Filing in someone else's name. Without a self-declaration of relationship and a copy of relationship proof, the PIO may invoke Section 8(1)(j). Attach the proof.
- Going to the hospital reception. The PIO is usually in the administrative block, not the OPD reception. Find the PIO list on the hospital website or the state DHS portal.
- Mixing private nursing home with government hospital. RTI applies only to government and substantially-financed hospitals. For purely private hospitals, use the IMC Regulations route plus consumer forum.
- Forgetting denial endorsement. If admission was refused, ask specifically for the endorsement on the OPD card and the reason.
Appeal or next step
- No reply in 30 days (or 48 hours for life-and-liberty) → First Appeal under Section 19(1).
- Parallel → Hospital grievance redressal cell; District Health Society; State Directorate of Health Services.
- National Medical Commission complaint for ethical violations.
- District Consumer Commission if free service was charged or there was deficiency in paid service.
- Writ in High Court for fundamental right to health (Article 21) where admission was denied for life-threatening condition.
FAQs
Within how many days must a government hospital give my medical records?
Under IMC Regulation 1.3.2, within 72 hours of request. Under RTI, within 30 days, or 48 hours if it is a life-and-liberty matter.
Can a hospital refuse on grounds of privacy?
Not when you are the patient or an immediate authorised relative with proof. Section 8(1)(j) and Section 11 do not apply against your own records.
Will RTI delay my treatment?
No. RTI is a paper-trail tool, the treatment continues regardless. For ongoing emergencies, use the 48-hour life-and-liberty route.
Can I ask for the rate list for "free" services?
Yes. Most state hospitals and CGHS / Ayushman Bharat empanelled hospitals are bound by the published rate schedule. Ask for it in your RTI.
Is the operation theatre register a public record?
Yes, for government hospitals. It is treated as a routine register under the State Hospital Service Manual.
Can the family of a deceased patient get records?
Yes. With a death certificate and a relationship affidavit, the next of kin can obtain records, both under IMC Regulations and RTI.
What is the fee for certified copies of medical records?
₹2 per A4 page is the central norm. State norms vary. The PIO must intimate the cost under Section 7(3) and give you ten days to pay.
Sources
- RTI Act 2005: rti.gov.in
- IMC Regulations 2002 (PCR): nmc.org.in
- National Medical Commission: nmc.org.in
- Mental Healthcare Act 2017: indiacode.nic.in
- Ayushman Bharat PMJAY: pmjay.gov.in
Last reviewed: 9 May 2026.