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Medico-Legal Guidelines Appendix E

Appendix E

Sample Letter Requesting Medical Records



Date

Health Care Provider or Facility Name and Address
Attn: Medical Records Custodian


RE: Names: "John Patient"
DOB:
SS#:

Dear Medical Records Custodian:

Please be advised that this law firm has been authorized to obtain the medical records of "John Patient". Enclosed is an authorization for the release of medical records. 1

[Optional] If the case involves a personal injury liability claim, the letter must so indicate and should reference the statutory charges at the time:

These records are sought with regard to a personal injury liability claim. N.C. Gen. Stat § 90-411 (2005) sets the maximum charges permissible for medical records requested in personal injury liability claims as follows: "The maximum fee for each request shall be seventy-five (75) cents per page for the first 25 pages, fifty (50) cents per page for pages 26 through 100, and twenty-five (25) cents for each page in excess of 100 pages, provided that the health care provider may impose a minimum fee of up to ten dollars ($10.00), inclusive of copying costs."

Please forward to the office of the undersigned counsel the following items:

  1. A complete copy of all medical records, as defined in the 2005 Medico-Legal Guidelines2, including laboratory reports, interpretations of all diagnostic images and studies, and all other information in your possession regarding "John Patient";

  2. All billing information, including ledger cards, insurance claim forms, etc., whether stored on paper or in electronic format, as the same pertains to medical services rendered to "John Patient". (For additional information, see Appendix A-1); and

  3. All correspondence, whether stored on paper or in electronic format, to and from any other person or entity concerning "John Patient".

[Optional] Our firm's check will be forwarded to you upon receipt of your bill for any copying costs consistent with fees set out in North Carolina General Statute § 90-411, a copy of which is attached for your information.

[Optional] Please note that, in the event that you wish to preserve a provider's lien created by N.C.G.S. §§ 44-49 and 44-50, you must provide, without charge, a copy of the records and billing information requested above.

Thank you for your assistance.

Law & Jones, PLLC
1 Lawyers Drive
Anytown, North Carolina



PLEASE NOTE FOR WORKERS' COMPENSATION CASES SPECIAL RULES APPLY: This form is suggested for personal injury cases pending in the Courts. Special rules apply to Workers' Compensation cases. When a health care provider bills an employer's compensation insurance carrier or third-party administrator (adjusting agency), one free copy of medical records associated with the services must be provided, unless arrangements have been made to provide the free copy to a rehabilitation nurse. Fees for additional copies to these or other parties are set by the N.C. Industrial Commission (as an exception to N.C. Gen. Stat. § 90-411, codified at § 97-26.1) at a maximum of $.50 per page for the first 40 pages, and $.20 per page for additional pages, with an allowable minimum fee of $10.00 (inclusive of per page charges). (See January 12, 1995, Minutes of the N.C. Industrial Commission.) Industrial Commission Rule 607 provides that, if requested, parties must provide each other with copies of medical and rehabilitation records in their possession within 30 days, and with copies of additional records they obtain thereafter within 15 days after they come into the party's possession.




    1. See N.C. Gen. Stat. § 8-53 to determine who should execute authorizations regarding decedents.

    2. "Medical Record" Defined: The medical record is a collection of protected health information for a particular individual, that: is created or received by a physician or other health care provider; relates to the past, present, or future physical or mental health or condition of the individual; and includes information about the provision of health care to that individual and the past, present, or future payments by or on behalf of that individual for the provision of health care. Medical records are inherently sensitive and personal and contain information that relates to an individual's physical or mental condition, medical history, medical diagnosis, or medical treatment as well as demographic and other information that identifies or has the potential to identify the individual (e.g., patient name, address, social security number, unique identifier, etc.).