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Video instructions and help with filling out and completing patient's request for medical payment form
Hi today we're going to discuss what you need to know about medical records and confidentiality laws at some point in your personal injury claim you'll have to request copies of your medical records they are the foundation of your claim your medical records are the most important evidence you can get to back up your demand for settlement insurance companies rely heavily on your records and other documentation before deciding what amount to offer for settlement the insurance adjuster will first scrutinize the nature and extent of your medical treatment without solid documentation of your injuries and treatment you'll have no foundation upon which to negotiate a settlement so let's jump into the details of privacy and HIPAA the Health Insurance Portability and Accountability Act of 1996 HIPAA provides protection for personal health information pH I HIPAA ensures your right to privacy limiting who can access and receive your private information it also ensures your right to obtain copies of your medical records while protecting your right to privacy HIPAA has empowered each state to regulate how you can access your medical records some of those regulations include charging fees for processing and copying your records the time frame your medical provider has to release your records limiting you to reviewing your records in your medical providers office other reasonable restrictions to check your state's regulations for copying and releasing medical records visit state laws find law comm where you can find each state's requirements and get helpful information about how to request your medical records HIPAA protects against the unauthorized release of private medical information if you sign a release of information however you are no longer protected most insurance companies require you to sign a release when you file a claim be sure their release only covers your current injuries you never want to give the insurance company access to your entire medical history now let's take a moment to focus on first party claims and imes first party insurance claims have different rules than third-party claims most no-fault and workers comp insurance policies contain a clause that says in order for them to insure you against injuries you must submit to an independent medical exam IME at their request insurance companies normally request I am ease when they want to challenge the nature and extent of your injuries or the medical treatment you say you require because you sign the policy with the IME clause you waived your right to privacy therefore your IME results are readily available to your insurance company you have little choice if your no-fault or workers comp insurance company has you submit to an IME if you refuse they probably have the right to deny your claim which might make you wonder is it really independent an IME is used to obtain what the insurance company considers an objective medical opinion unfortunately doctors working for insurance companies have a conflict of interest they're paid to render independent medical opinions but