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We hope the answers below to frequently asked questions are helpful. However, if you have additions questions or needs, feel free to contact one of our industry professionals. We specialize in getting you the information you need.
1. Are hospital medical record fees regulated by the State?
Answer: Yes, Texas Department of Health and Safety Code regulates hospitals regarding the retrieval and copy fees of medical records. These fees change yearly in response to the consumer price index (usually increases). Please visit TXHIMA.org for current fees.
2. If I only request a CD of records, why is the hospital charging more than the $75.00 fee regulated by the State?
Answer: Texas HB 4029 only applies if the facility has the records stored in a way the records can be provided by electronic means. Some facilities have the technology, but many do not and still require scanning of the records which requires manpower and incurred costs.
3. Why do facilities ask for Letters of Satisfactory Assurance (LOSA)/Attorney Certifications?
Answer: Even with a valid Subpoena, HIPAA, which is Federal law, requires either a signed Authorization of the patient -OR- a document showing proof that you provided Notice to the patient of your Subpoena. You also must prove that you provided the opportunity for he/she to object and either no objections or motion to quash/protective order was filed or if so, it was resolved. The LOSA/Attorney Certification is such proof. This is why it must be signed by the ordering Attorney - same as the signed Notice.
4. Are there any particular type of records that take longer to obtain or are more difficult?
Answer: Yes. See below:
Insurance Companies - Generally 60-90 day turnaround
Cellular Phone Companies - Generally 90-120 day turnaround
Banks - Generally 90 days - Also requires special preparation of Notice in accordance with Texas Finance Code. You should always speak to a Manager in our office when needing to place an order for Bank Records.
Social Security Administration - Generally 6-8 Months - We are unable to check status on requests for records.
National Personnel - Generally 6-8 Months
Any V.A. - Generally - 90-120 day turnaround
Internal Revenue Service - We discourage obtaining Tax Records through a third party such as our company. Due to identify theft and tax fraud, it has become next to impossible for anyone other than the taxpayer to retrieve tax records. The proper forms can be found under the 'Resources' tab on this website and we will gladly assist with instructions.
5. How long does it take to obtain records, generally?
Answer: A typical record request will take 45 days. Doctors/Hospitals/Clinics are now contracted with a variety of copy services and billing services, many of them out of state. In addition, an abundance of requestors, have flooded the industry and turnaround time has slowed considerably over the last few years as a result.