Medical records are an extremely important part of any personal injury case because they help assess the amount of damages plaintiffs may receive. However, pulling records for these cases, was until recently, a time-consuming and expensive process. Much to the displeasure of attorneys and their clients, it could take several months and cost thousands of dollars to secure stacks of medical records. This process became simplified and less expensive once the requirements of the HITECH Act went into effect.

The HITECH Act, which was part of the American Recovery and Reinvestment Act (ARR Act) of 2009, gave funding for new health information technologies to hospitals across the country. One of the major goals of this legislation was to make it easier for hospitals to access your medical records. Hospitals that accepted this funding are bound by the HITECH Act.

Amendments to the HITECH Act in 2013 allow patients (or their personal representatives) to write letters to medical providers (or their associates) requesting digital copies of their records. Patients can request the records in any digital format. In addition, patients or personal representatives can ask medical providers to send copies of these records to their attorneys.

Medical providers are required to send records even when patients or family members still owe money for services. Upon receiving the request, providers have 30 days to send patients or their attorneys the records.

Fees can vary depending on how the records are maintained and the specifics of the request. Patients who request an electronic copy of medical records that were maintained electronically can expect a fee of $6.50.

Our Attorneys Can Use the HITECH Act to Help Your Personal Injury Case

There are some problems with this process, but they are minor issues a skilled attorney can handle. Hospitals may try to nickel-and-dime patients who request their medical records, even in an electronic format. They may also ask for additional paperwork, or attempt other tricks to add unnecessary fees.

By utilizing the HITECH Act, the personal injury attorneys at Metier Law Firm, LLC may be able to get the ball rolling on your case faster than ever before.