Medical records are one of the most important factors used to determine the worth of a personal injury claim. They show your medical treatments, what you've told the doctor and pain, and how the injury has affected your everyday life. But, medical providers can charge for those records.
In Oregon, as in most other states, medical providers own the records they have created and compiled on their patients. But, you do have a right to your own records, and can ask for them at any time. If you hire an Oregon personal injury lawyer, this attorney can get a release from you to ask your medical provider for those records on your behalf.
Unfortunately, the law states that medical providers can charge for copies of the records. While these costs are usually advanced to you by the law office, they can become a significant cost (depending on the number of providers and length of the records requested) - and this cost will need to come out of your settlement. According to Oregon law, the plaintiff (injury victim) is responsible for all costs associated with a case, and the attorney cannot pay these for the client if the client is able to pay.
How much can medical providers charge for records?
- No more than $30 for copying 10 or fewer pages of written material and no more than $.50 per page for pages 11 through 50 and no more than $.25 for each additional page.
- Bonus charge of $5 if request for records is processed and records are mailed by first class mail to the requester within seven business days after the date of the request.
- Postage costs to mail copies of protected health information or an explanation or summary of protected health information, if requested by an individual or a personal representative of the individual.
- Actual costs of preparing an explanation or summary of protected health information, if requested by an individual or a personal representative of the individual.
Interestingly, you also have the right to amend your records after you have received them, but only by adding information. If you think there is a mistake in your records, or that something has been left out, you have the right to ask the medical provider to add information.
If you are having trouble getting your medical records, you can file a complaint with the U.S. Department of Health and Human Services' Office of Civil Rights - but remember, sometimes it can take a while to compile your records so give the medical offices time to send them to you (and you do have the option to pay the rush fee).
