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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.

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Our Charleston Personal Injury Lawyers are Here to Help You

At Christmas Injury Lawyers, our South Carolina injury lawyers provide representation after collisions, work accidents, construction accidents, accidents on property, and many other types of personal injuries. We believe firmly in the rights of injured victims and we have dedicated our careers to fighting for those whose lives have been derailed by accidents.

North Charleston Office
(843) 874-6564
1495 Remount Road
North Charleston, SC
Summerville Office
(843) 874-6564
105 S Cedar 
Suite D 
Summerville, SC 29483
Mt. Pleasant Office
(843) 874-6564
250 Mathis Ferry Road.
Suite 102
Mt. Pleasant, SC 29464
Columbia Office
(803) 766-0707
3135 Millwood Ave
Suite A3
Columbia, SC 29205
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship.
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