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Medical Records Release Forms

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Stiper2

Member
What is the name of your state (only U.S. law)? CO
If you revoke the Authorization to release medical records to a 3rd party requesting for treatment for injury sustained in an accident, can you still file the claim to the at fault insurer to pay the medical bills? Are you allowed to get the medical records & bills yourself and present them for payment to the insurance company?
 


ecmst12

Senior Member
You can get your bills and records yourself if you want but they can still refuse to pay the claim without the release. Records you turn over yourself can be doctored. If they get them directly from the treatment provider they know they are genuine.
 

Stiper2

Member
How much info can a release allow?

Thats what I kind of figured.
My next question has been a debate with the carrier. When they went to get medical records and bills for treatment of an injury they acquired a bit too much personal information that did not relate to the accident nor injury. I know by signing that form I allowed them access. But how much access is the question at hand. The release specifies due to an injury dated 00/00/0000. It says this specifically related to the injury including information relating to diagnosis, treatment records, bills and assessments to my current and expected physical condittion. Additionally, they may request my medical history as it relates to the injury.THis information may include but is not limited to HISTORICAL medical records, past physical condition, diagnosis, and treatment records and bills.
Since I found out they had aquired records not pertaing to the accident I question the adjuster why. SHe told me in writing all they wanted was the information for the injury and nothing more. The faxed over all the acuired information for me to look at. It appears that the billing dept sent too many billing dates, not related to the accident. THe insurance company already had the medical records in hand for the accident, and took it upon themselve to order more medical records after my treatment dates for the injury just because the treating facility sent more billing dates. The adjustor told me they "THOUGHT" they pertained to the accident and "assumed" they were as well. I had given the insurance company the exact dates on the provider sheet that was attached to the aurhorization form. Do insurance companies go by assumptions, and thoughts to obtain records or should they go by a specific date of service provided for the treatment. THis is post out-patient visits to a doctor whos office is in a out-patient treatment facility. Those were post treatment records after the claim. Historical means past. The treatment facility had to engage its privacy officer and do an investigation do to this and a fromal letter was sent to me stating that personally identifiable information had been, or is likely to have been accessed , disclosed,acquired or used by an unauthorized individueal or organization. HIPAA Law was violated.
I know HIPPA Law doesn't allow to sue for vilation at federal level. But have been researching state levels remedies. the information they received was "sensitve" in nature, embarrasing to me, and can cast judgment in the light of others. As I have said, I have all documentation on fax transmittals, when acquired and asked for. Do I have aleg to stand on?
The insurance carrier was very sloppy with their letters to the trament facilities. They had wrong dates of service on a request to one of the hospital, theres statements saying that that facilty treated me on a specific day, which was not the correct date of service. THey refer in some to a "date of loss" instead of a date of service.
 
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ecmst12

Senior Member
The insurance company DID NOT DID NOT DID NOT violate HIPAA. You've been told that. If there was a violation, it was committed by the DOCTOR'S OFFICE. Don't ask again.
 

Stiper2

Member
I wonder what the Insurance Commisioner would have to say about the sloppy letters asking for information? Incorrect dates on their requests? Or how about ACLU?Dora?
 

Stiper2

Member
ecmst12....Since you have worked in the insurance industry you might be able to answer this. Our car was repaired by a reputable and authorized shop through the insurance agency. Now since repair we have had to take it back to the auto repair shop because they had put a defective part on the car. (rear bumper cover). It was cracked in 2 places. We had to take it back to automotive dealer where we purchased the car new for issues due to the accident. (electrical , windnoise, seat problems) This is the 3rd time since accident. Take into consideration its a 40 minute drive each way to the shop. Shouldn't there be compensation for this inconvenience when that at fault party who hit us admitted full liability for the accident? ( He rearended our car) We do have better things to do than run back and forth to body shops and auto repair shops due to no fault of our own. Have you seen the gas prices these days? I don't feel we should be incurring any expenses, nor the headache that goes along with it.
 
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ecmst12

Senior Member
Nope. As long as the repair costs are covered, then you are appropriately compensated. And it's not even clear that all of your issues are due to the accident. You could have chosen a shop closer to your home - that's on you.
 

Stiper2

Member
The repair shop was one that the insurance company had listed and was preferred to use, because this insurance company will back the repairs up that were done. They initially sent me there. As of today, there are 2 issues to sloppy repairs that have had to be addressed and car taken back. My fault? No, the repair shops fault. Liability portion of the at faults (3rd party) insurance should be compensating. These issues are directly related to the accident.
 

ecmst12

Senior Member
To fix the damage, sure. Nothing more. You were not required to use that shop - ANY decent shop will guarantee its work.
 

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