36 min

Fighting The “HIPAA Police,” Accessing Your Client’s Medical Records Workers Comp Matters

    • Government

HIPAA, the Health Insurance Portability and Accountability Act, is 27 years old. For better or worse, it was designed to protect patients. But in reality, it has also hampered attorneys in their quest for medical records critical to ensuring fair compensation for injured workers.
Guest Jared Vishney is the founder and CEO of the medical record retrieval technology company Arctrieval. He says most firms wait more than three months for medical records, some as much as four months or more. HIPAA regulations (and penalties) have turned medical record holders so risk averse that it’s hard for patients to get their own records. 
The rules around HIPAA and medical records are murky. How much time do institutions have to turn over requested records? How can attorneys and clients push providers to turn over records faster? Workers’ Comp attorneys may find themselves caught in a disconnect between medical record technology and a web of legislation that is supposed to oversee electronic health record systems and rates for copies of those records. It’s hard for clients and attorneys to know they’re getting the full picture, and costs can run into the thousands of dollars. 
Hear about tips and tricks for getting the records you need. If you’ve been frustrated by a tangled medical records system, this episode of Workers’ Comp Matters is for you.
Mentioned in this Episode:
“Health Insurance and Portability and Accountability Act,” Centers for Disease Control and Prevention
“Section 164.524 - Access of individuals to protected health information,” Legal Information Institute, Cornell University
“Medical Records: Fees and Challenges Associated With Patient Access,” GAO report to Congress

HIPAA, the Health Insurance Portability and Accountability Act, is 27 years old. For better or worse, it was designed to protect patients. But in reality, it has also hampered attorneys in their quest for medical records critical to ensuring fair compensation for injured workers.
Guest Jared Vishney is the founder and CEO of the medical record retrieval technology company Arctrieval. He says most firms wait more than three months for medical records, some as much as four months or more. HIPAA regulations (and penalties) have turned medical record holders so risk averse that it’s hard for patients to get their own records. 
The rules around HIPAA and medical records are murky. How much time do institutions have to turn over requested records? How can attorneys and clients push providers to turn over records faster? Workers’ Comp attorneys may find themselves caught in a disconnect between medical record technology and a web of legislation that is supposed to oversee electronic health record systems and rates for copies of those records. It’s hard for clients and attorneys to know they’re getting the full picture, and costs can run into the thousands of dollars. 
Hear about tips and tricks for getting the records you need. If you’ve been frustrated by a tangled medical records system, this episode of Workers’ Comp Matters is for you.
Mentioned in this Episode:
“Health Insurance and Portability and Accountability Act,” Centers for Disease Control and Prevention
“Section 164.524 - Access of individuals to protected health information,” Legal Information Institute, Cornell University
“Medical Records: Fees and Challenges Associated With Patient Access,” GAO report to Congress

36 min

Top Podcasts In Government

The Expert Factor
IFS/IfG/UKICE
The Law Show
BBC Radio 4
HARDtalk
BBC World Service
Podlitical
BBC Radio Scotland
Question Time
BBC Sounds
INSIDE BRIEFING with Institute for Government
Institute for Government

More by Legal Talk Network

Above the Law - Thinking Like a Lawyer
Legal Talk Network
Lawyer 2 Lawyer
Legal Talk Network
ABA Law Student Podcast
Legal Talk Network
In-House Legal
Legal Talk Network
The Legal Toolkit
Legal Talk Network
The Digital Edge
Legal Talk Network