Disclaimer: This article provides general information and does not constitute legal advice. Consult an attorney to address your specific situation.
Detailed Answer
If you incur injuries in Minnesota, collecting and submitting accurate medical records and bills can strengthen your claim. Follow these steps to ensure compliance with state law and maximize your evidence quality.
1. Understand Your Rights Under Minnesota Law
Under Minn. Stat. § 144.292, licensed health care providers must release your medical records upon request. You have the right to inspect, copy or receive a summary within a reasonable timeframe and at a reasonable cost: https://www.revisor.mn.gov/statutes/cite/144.292.
2. Execute a HIPAA-Compliant Authorization
Federal HIPAA rules (45 C.F.R. § 164.508) and Minn. Stat. § 144.298 require a valid signed release form. Obtain a standard medical authorization form or ask your attorney to draft one. Ensure it includes:
- Patient name, date of birth and contact information
- Name of each provider or facility
- Date range of treatment (e.g., accident date to recovery)
- Specifics on what records you need (e.g., imaging, notes, bills)
- Signature and date
3. Request Records and Bills from Providers
Send your signed authorization by certified mail or secure email. Under Minn. Stat. § 144.292, providers must respond within ten business days. If your request exceeds routine charges, they may bill you reasonable fees for copying and postage.
4. Organize Documents Chronologically
Once you receive records, arrange them by date. Create a simple cover sheet listing each item: hospital intake form, ER notes, imaging reports, physical therapy bills, and pharmacy invoices. Chronological order demonstrates a clear timeline of injury and treatment.
5. Prepare Records for Submission
For pre-suit demands or insurance claims, attach certified copies. Under Minn. Stat. § 600.04 and Minn. R. Evid. 803(6), business records qualify as hearsay exceptions when properly certified. Ask the custodian of records for a certificate or affidavit to authenticate each document.
6. Submit Records in a Demand Letter or Lawsuit
If you send a demand letter, include a cover letter explaining each enclosure and how it supports your claim. In litigation, use formal discovery under Minn. R. Civ. P. 34 or seek a subpoena duces tecum. For broader document requests, see Minn. Stat. § 480.059: https://www.revisor.mn.gov/statutes/cite/480.059.
Helpful Hints
- Start early: gathering records can take 2–4 weeks.
- Track correspondence: keep copies of all requests and confirmations.
- Review redactions: ensure key treatment details aren’t hidden.
- Use digital folders: scan paper bills for easy sharing.
- Ask about fee waivers if you qualify as low-income.
- Consider hiring a medical records retrieval service for complex cases.
- Confirm that all records are legible and complete before submission.