Whether representing hundreds of clients in a mass tort, or a single client in a personal injury case, medical records are an integral piece of the puzzle. How many times have you received an invoice for medical records and been shocked by the cost? These invoices often include charges for per page copies, search and postage fees and other facility charges. You simply pay these invoices and consider it a necessary expense as your case is often dependent on documenting an injury, course of treatment or surgical outcome. However, under the HITECH Act, this necessary expense can be drastically reduced and we can save not only our clients, but our firms, a significant amount of money.

What Is the HITECH Act?

The Health Information Technology for Economic and Clinical Health Act (HITECH) was enacted under the American Recovery and Reinvestment Act of 2009. HITECH is enforced by the Department of Health and Human Services—Office of Civil Rights and was implemented as an amendment to HIPPA. Although it was created to aid in the implementation of electronic health records, some of its key provisions have not been widely utilized. Not surprisingly, hospitals, health care providers and medical record companies are not rushing to inform patients that they can obtain their medical records for a fraction of what they may otherwise be charged. There are also many health care providers who are still unaware of HITECH’s provisions regarding patient requested medical records. Since the Office of Civil Rights recently provided an FAQ to clarify some of HITECH’s provisions, the legislation and its potential benefits have been receiving increased attention.