Our Blog

HITECH Act Cuts Costs for Clients

HITECH Act Cuts Costs for Clients

We have great news: there could be huge cost savings for our clients at Christmas Injury Lawyers! Christmas Injury Lawyers has been working to get Third Party Co., a company that handles medical providers’ medical records, to charge HITECH fees rather than hard copy fees for requested medical records. This would drastically cut case and settlement costs for clients.

Previously, personal injury attorneys retrieved hard copies of their clients’ medical records through the Health Insurance Portability and Accountability Act of 1996 (HIPAA) – a process that could cost thousands of dollars. Now, the Health Information Technology for Economic and Clinical Health Act (HITECH) of 2009 allows individuals and their attorneys to obtain medical records in electronic form as long as their covered entity maintains electronic health records.

There are many benefits to the HITECH Act. It is considerably simpler to file a request for a client’s medical records than through HIPAA authorization. To file with the HITECH Act, an attorney files the request in writing, has their client sign the request, identifies themselves as the client’s attorney, and lists the address where the medical records should be sent. Another advantage of the HITECH Act is that the healthcare entity must respond within 30 days, expediting the entire process.

Perhaps the greatest benefit of the HITECH Act is that the fees for obtaining electronic medical records cannot exceed a $6.50 labor fee plus a $5.00 flat fee for the certification of records and any applicable taxes. Meaning, if a client or their attorney request the medical records in the electronic form, they cannot be billed for the hard copies of the records. This is a federal act that applies throughout the United States as long as the covered entity uses electronic health records (EHR). However, there are a few exclusions. One of the exclusions is psychotherapy notes, which cannot be retrieved by an individual or their attorney.

At Christmas, having companies use the HITECH Act is important to us as it is a great advantage for our clients, saving them considerable amounts of money and making the process simpler overall.

The contents of this Web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The lawyers of the law firm of Christmas Injury Lawyers are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

Attorneys principally practice in Mt. Pleasant office, but we will meet you at the time and office most convenient to you. We will also come to your hospital room or home upon request.

The information given above are examples of actual cases with actual clients our law firm has handled in the past. The reviews listed on our website are endorsements and/or testimonials from actual clients. Any results our law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

In an effort to continue serving the community while keeping everyone healthy and safe, our office is offering phone and video consultations. To schedule or learn more call (843) 884-6615 or fill out a contact form here.