YOUR RIGHT TO ACCESS YOUR MEDICAL RECORDS--FOR FREE

While working on a Social Security disability claim, I recently requested medical records from a hospital. To my surpirse, I found there were over 4,500 pages in this claimant's hospital file. The cost to get these records would be over $1,200. Hospitals (and doctors) usually charge $1 per page for the first 25 pages, then 25 cents per page thereafter. I would pay for these records then the claimant would reimburse me if the claim is successful. Basically, the $1,200 cost would come out of the claimant's pocket.

How to avoid this excessive charge?

Many people don't know that they have the right to obtain their own medical records for free! Well, almost for free. Under revised HIPAA regulations, patients may request their own records from any medical provider and pay only a small copying fee. In the case above, my client ended up getting all 4,800 pages of records for about $6. Compare that to the $1,200 he could've paid.

You have the right to obtain your own records for any reason, or no reason. You may have to remind the provider's office that you have this right under the law. They cannot refuse. Most providers know this, a few don't.

If a medical provider asks what you want the records for, it's best to say "for my own review." If you tell them it's for a disability claim, they may suggest, "Have your attorney submit a request for the records." This is a way to avoid providing free records. If the attorney requests the records, the medical provider may charge the full fee (in my example, the full $1,200) because lawyers are not entitled to free records under HIPPA.

Of course, this is a little extra effort on the claimant's part. But, it's certainly is not $1,200 worth of effort! The money you save is worth the phone call or mailing a form.

Providing medical records to third parties, such as attorneys, is a multi-billion dollar business in the United States. There are huge corporations built around this "release of information" industry. Consider asking for your own medical records. It can save you hundreds of $$$ in expenses. And the process is pretty easy!