What Will It Cost To Get My Social Security Medical Records?

Posted on July 16, 2008 by Dory Sutker

What will it cost me to get copies of my Social Security medical records

The cost of medical records varies quite a bit from case to case. The cost depends upon several factors such as the number of pages requested the state in which the medical source provides services, and the purpose of the request for records.

Some states such as Alaska, Colorado have no statute limiting the cost of copying medical records. In such states, HIPAA (Health Insurance Portability and Accountability Act of 1996) provisions would apply. Under HIPAA, providers can charge a “reasonable” fee for copying records. The actual postage may also be charged. HIPAA rules also provide that providers have thirty (30) days to respond to requests for records. One thirty (30) day extension can be granted for good reason. State laws may provide for lower fees or shorter response times.

Let’s take a look at how some of the states deal with this issue. Some states such as Georgia, Rhode Island, and Minnesota, must provide at least one free copy of medical records for use in a social security claim. O.C.G.A. §31-33-3; General Law of RI §23-17-19.1; MN Statute § 144.335

Other states spell out the maximum fees. Maryland, for example provides for a preparation fee of no more than $21.00, plus a fee of no more than 69 cents per page, plus the actual cost of shipping and handling. Code of Maryland §4-304(c)  The fees are subject to an annual adjustment. The Maryland State Medical Society has stated that HIPAA prevents medical providers from charging the preparation fee to individuals, but may charge the copying and postage fee.

States, like Florida, distinguish between paper and non paper records. Non paper records are subject to a charge not to exceed $2 whereas hospitals are allowed to charge $1.00 per page, plus sales tax and actual postage. Florida Statutes: Title XXIX, Ch 395.3025

Believe it or not, some states have different charges for individuals requesting records than for attorneys requesting records. This is the case in states such as Virginia and Ohio. Virginia Code § 8.01-413; O.R.C.§3701.71 et seq. Virginia provides that a patient shall be charged a “reasonable cost-based fee, which shall include only the cost of supplies for and labor or copying the requested information and postage”. Requests by attorneys (or others) are limited to 50 cents per page for up to 50 pages and 25 cents per page for the remainder.

At least one state (Indiana) has an additional allowable charge for a “rush job”. If the request asks that the records be provided within two days, an additional fee of $10.00 is allowed. Title 16, Health and Hospitals 16-39-9-3.

Interestingly, some states specify a time limitation for supplying the records. This is true of Virginia which specifies that copies shall be provided within 15 days of the request. Virginia Code §8.01-413

Thus, the question of how much the medical records will cost, is not so easy to answer.

 

To learn more about social security disability law issues in Maryland please click social security disability law issues in Maryland. To learn about our social security disability lawyer in Maryland, please click about us and read the firm bios about Dory Sutker, or Suja Varghese.

 

 
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Social Security Medical Records

Posted on June 2, 2008 by Dory Sutker
I’m not a doctor and I don’t play one on t.v. but, as a social security disability attorney, I have read a mountain of medical records. I’ve learned a lot through the years including how to decipher some really horrible handwriting. But, one scary thing I’ve noticed is that the records are rarely completely accurate. Some of the inconsistencies may be relatively minor and totally inconsequential to a social security disability claim. But, others can be extremely problematic.

Simple typos can create huge obstacles. For example, if the physician leaves out an important word like "not ", the whole meaning of the notation can change. And it may make all the difference in the world. For example, the doctor may write, "the patient states that he can walk 1 block without pain" when he meant to write "the patient states that he cannot walk 1 block without pain". You would be surprised how many mistakes like this happen.

Sometimes the error involves identifying the wrong extremity. This can lead to confusion, or in some cases, it can lead to a question of credibility. I see lots of incorrect data and it can lead to many problems including questions of identity.

Grammatical errors account for some of the problems. Simply using the wrong tense can create difficulties. Notations such as "patient is an avid hunter" instead of "patient was an avid hunter" can lead to misperceptions of current functional capacity.

In an effort to save time, some physicians use forms for their report format. On these forms, some have a category for sports/hobbies. If the physician fills in "bowling, fly fishing, and woodworking", one can easily interpret that to mean the patient still engages in such activities.

What can you do to minimize your chances of errors on your medical records? One thing you can do is to be careful to articulate your medical problems and any side effects from medications. Do this each time you visit your doctor. Otherwise, he/she will write a notation that you said you"felt fine". (See previous blog for discussion of this subject) What else can you do? You are entitled to copies of your medical records. (CAVEAT: The doctor can charge you a fee for copies.) You can get copies of your records and review them. Then talk to your doctor about any discrepancies.

Some of my clients explain to their doctors that they have filed an application for social security disability and that, therefore, their records need to reflect their impairment(s) and its effect on their functional capacity. Let me know if you have other suggestions for dealing with this rather pervasive problem.

To learn more about social security disability law issues please click social security disability law. To learn about our social security disability lawyer in Maryland, please click social security disability lawyer.

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