Can an EHR Request Include EMR? 

Medical Record

April 2, 2026

One of the advantages of making a request for EHR is that the records can arrive much more quickly than paper records, allowing law firms to move forward with creating a timeline and beginning settlement negotiations more quickly. However, sometimes your firm may have reason to make a request for EMR instead. In those cases, can a EHR request also include EMR? If not, what other options are there for requesting EMR? 

The Difference Between EHR and EMR 

Many people mistakenly believe that electronic health records and electronic medical records are interchangeable terms for the same thing. The short explanation is that while all EHRs are EMRs, not all EMRs are EHRs.  

The Two Key Differences 

A significant difference between an EHR and an EMR is interoperability. EHRs are designed to be shared between different facilities (primary care providers, urgent care clinics, hospitals, etc.) in a network or organization, while EMRs are typically for internal use within a single facility.  Think of an EMR as a digital copy of the patient’s paper chart kept by a single provider, and an EHR as a digital copy of the patient’s chart shared among several providers. Each individual provider may keep their EMRs in different records systems that may or may not be compatible with others or may not contain all the records needed (for example, records from before a certain date or paper records that have not yet been scanned), while EHRs are kept in a unified records system that allows all providers in the network or organization to access them. 

The second key difference is that EMRs may contain additional relevant information that EHRs may not have. EHRs may be missing things like handwritten notes or images from X-rays, MRIs, or other imaging tests that could be relevant. Finally, EMRs may contain audit logs, edit histories, and metadata that may be necessary and may not be found in an EHR.   

Why Would You Want the EMR Instead of or In Addition To the EHR? 

EHRs can be retrieved in one day. This makes them beneficial for firms who need access quickly so they can determine whether the individual has a case or whether the firm wants to take the case. EHRs contain all the same information the individual would see in their patient portal. EHRs also allow firms to begin reviewing the records, looking for inconsistencies or missing records, and building a timeline, while waiting for more detailed EMRs (if they’re needed).  

EMRs contain more detailed information, but may not always be required. For example, you may be able to settle a case by showing the EHRs that indicate the client had a broken wrist. But if it proceeds to litigation, you may want the EMRs to be able to show the X-ray images that show that her wrist bones were shattered. 

Are You Limited to Just the EHR When Making a Medical Records Retrieval Request?  

No, firms are not limited to just the EHR when making a medical records retrieval request. In cases where EHRs are available, they are the “go-to” record that we will retrieve. When they are not available, we fall back on our traditional retrieval method. EMRs can be requested instead of or in addition to EHRs. However, there are a couple of things to be aware of.  

Indicating Which Records You Want 

We do not currently have an option for choosing EHR vs. EMR. EHRs are the “go-to” record retrieval. Therefore, if you want EMRs instead of, or in addition to, EHRs, you will need to make a note in the Notes section that explains exactly what you want. If you aren’t certain what you need, it’s probably best to start with EHRs, and if they don’t have what you need, then you can request EMRs later.  

Fees 

The fees are the same for both EHRs and EMRs. If you request EMRs instead of EHRs, you’ll only be charged one fee. But if you request EMRs in addition to EHRs, you’ll be charged two fees: one for the EHRs, and another for the regular retrieval process to get the EMRs. Because the EMR request is the traditional retrieval method, you would also pay provider fees.

That is why we recommend requesting EHRs first, and only requesting EMRs if you determine that you do need them. 

Can You Receive EMRs in One Day? 

Our record retrieval service allows firms to request EHRs and receive them in one day. Many firms wonder if they can request EMRs too and also receive them in a single day. The expectations around EMR receipt may need to be a bit different.  

EHR Receipt 

EHRs can be requested and received in one day because of the previously mentioned interoperability. Because these records are already electronically created to be shared with other facilities and entities, they can be retrieved quickly.  

EMR Receipt 

EMR receipt will be available in line with our traditional record retrieval method. EMR receipt will depend on several factors, including:  

  • The size of the practice 
  • The records department staff size, internal review requirements, and backlog of requests 
  • Whether the records are stored on-site or somewhere else 
  • Whether the records are partially scanned or manual 

While they may eventually be available in just one day, right now, Records On Time can promise EMR receipt on an average of 23 days.  

Should You Ask for EHRs or EMRs? 

EHRs are the same information the patient sees, which is enough to help you determine if there is a case and whether you want to take it. They’re also available in a day, allowing you to move quickly to sign the client and begin initial work on their case.  

EMRs contain more in-depth details that may or may not be required. They also typically are not needed immediately, as it takes time to build a case, which can be started with EHRs.  

If you’re looking for speed, request EHRs.  

If you’re looking for fine details, request EMRs.  

Records On Time Has You Covered 

Whether you want EHRs to quickly assess a potential case, EMRs to learn more about an existing client’s injuries and treatments, or aren’t sure what you need, Records On Time can get you what you need. With EHRs available in one day, and all other records available on an average of 23 days, we’ll always make sure your records are received as quickly as possible, organized, OCR’d, and delivered straight to your CMS, ready for you to begin working on your case instead of dealing with the records.  

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