New Laws Help Injury Lawyers Obtain Medical Records

Personal Injury victims have a new law to help them obtain medical records at reasonable rates.  These laws are set out by the Department of Health and Human Services (HHS) – Office of the Secretary 45 CFR Parts 160 and 164 Modifications to the HIPAA Privacy.  Injury lawyers can utilize the below letter to assist their injured clients in obtaining the medical records using this law:
Dear Records Custodian:
On the above-referenced date(s) of service, I was a patient at your facility. The purpose of this letter is to formally request that you provide A COPY OF MY ENTIRE MEDICAL FILE/CHART for the above-referenced dates(s) of service electronically to my attorneys, Massey and Duffy, PLLC at the following email address: [email protected]
Payment for the records that you provide to my attorneys will be remitted by my attorneys in accordance with the rules set forth in Department of Health and Human Services (HHS) – Office of the Secretary 45 CFR Parts 160 and 164 Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act wherein it states the following on page 5636:
§ 164.524(c)(4). A covered entity’s fee must be both reasonable and cost-based. For example, if a State permits a charge of 25 cents per page, but a covered entity is able to provide an electronic copy at the cost of five cents per page. The covered entity may not charge more than five cents per page (since that is the reasonable and cost-based amount). Similarly, if a covered entity’s cost is 30 cents per page, but the State law limits the covered entity’s charge to 25 cents per page. The covered entity may not charge more than 25 cents per page (since charging 30 cents per page would be the cost-based amount, but would not be reasonable in light of the State law).
Given that I have requested these records via email, please remit your bill to my attorneys at the stipulated rate of $.05 per page.  All records must be received in my attorney’s office within the next thirty (30) days. We strongly urge you to familiarize yourself with the above-referenced Federal Statute to a) verify the accuracy of this request and b) avoid delays in providing the above-requested documentation.
Thank you for your cooperation.  Very truly yours,
Michael Massey
Gainesville Injury Attorney
 

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