Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney in Nebraska.
1. Understand Why Records Matter
Medical records and bills form the backbone of any injury claim. They document your diagnosis, treatment timeline, and the financial impact of care.
2. Identify All Health-Care Providers
- List every provider who treated you: emergency rooms, primary care, specialists, physical therapists, imaging centers, pharmacies.
- Note dates of service and facility names.
3. Request Records Under HIPAA
- Download and complete a HIPAA authorization from each provider or use their standard form.
- Include your full name, date of birth, dates of treatment, and a clear statement authorizing release to you or your attorney.
- Send by certified mail or fax to the medical records department and keep your proof of delivery.
4. Obtain Itemized Bills
Ask each provider’s billing office for an itemized statement. A plain “balance due” notice may not break out the services provided. Confirm the bill shows dates, CPT codes, quantities and the total charges.
5. Organize and Summarize
- Arrange records and bills in chronological order.
- Create a cover sheet or chart summarizing each date, provider, service, and cost.
- Label each page with exhibit numbers (e.g., “Exhibit A,” “Exhibit B”).
6. Submitting to an Insurer
- Review the insurer’s claim-submission guidelines online or in your policy.
- Include a cover letter explaining the injury, date of loss, and total medical expenses.
- Attach copies (never originals) of medical records and itemized bills.
- Keep a copy of everything you send and proof of mailing or electronic submission.
7. Submitting in Court
- If you file suit, attach medical records and bills as exhibits to your complaint or answer.
- Serve the opposing party with the exhibit list under Neb. Ct. R. of Discovery or applicable scheduling order.
- Authenticate records at trial using the business-records hearsay exception under Neb. Rev. Stat. §27-803(6): nebraskalegislature.gov/laws/statutes.php?statute=27-803.
- Note Nebraska’s four-year statute of limitations for personal injury suits under Neb. Rev. Stat. §25-207: nebraskalegislature.gov/laws/statutes.php?statute=25-207. File before the deadline.
Helpful Hints
- Request records promptly. Providers may charge reasonable fees under HIPAA.
- Ask for electronic records (CD or PDF) to speed up review and avoid misplacement.
- Keep originals in a safe place and work only with copies.
- Track deadlines: insurer notice rules and court filing dates.
- Redact unrelated private data (e.g., unrelated health issues) to protect your privacy.
- Consider consulting a personal injury attorney early to ensure you gather all necessary evidence.