Many people tell me they’ve struggled to get a copy of their medical records. As a personal injury lawyer, I frequently deal with this issue and want you to know that under federal law, specifically the “Hi-Tech” law, you have the absolute right to access your medical records.
The Hi-Tech law gives you two important protections: 1) the right to obtain your medical records without unreasonable delay; and, 2) the right to obtain them at a reasonable cost.
You can request your medical records from any medical provider, and they must provide them within 30 days. Additionally, the provider is required to give you the records in an electronic format. The law caps the cost at a reasonable amount—no more than $6.50 for a digital copy.
In my line of work, I regularly assist my clients with requesting their medical records.
While most medical facilities comply with these requests, some can be unresponsive or attempt to overcharge. In these cases, I first work with my client to explain the legal requirements to the provider. If the facility still won’t cooperate, I guide my client in filing a complaint with the Office of Civil Rights.
Once a complaint is filed, the Office of Civil Rights takes action to ensure that the medical facility provides the records, as federal law requires. A complaint to the Office of Civil Rights typically results in the immediate release of the medical records, which my client then shares with me, so that I can move forward with my client’s personal injury case.
By following these steps, you should be able to secure your medical records within around 30 days.
When you obtain your medical records, it is best to request them yourself, rather than having a third party such as a law firm request them. Third parties do not receive the benefits of the Hi-Tech law. If a third party requests medical records, a medical facility can take as long as it wants and charge as much as it wants when providing the records.
A lawyer can assist you to request your own records, and that way you can receive the protections of the Hi-Tech law.
For assistance with your personal injury case or questions about obtaining your medical records, please contact our office today for a consultation.
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John Evans Injury Law
