Disclaimer: This article provides educational information and does not constitute legal advice.
Detailed Answer
1. Understand Your Right to Access Records
Under federal HIPAA rules, you can request a copy of your medical records from any health care provider. 45 C.F.R. § 164.524 requires providers to respond within 30 days. Additionally, South Dakota law requires licensed practitioners to maintain patient records and grant access upon written request. See SDCL 36-4-24.1.
2. Identify Relevant Providers and Records
List every hospital, clinic, doctor, physical therapist or other provider who treated your injury. Include emergency room visits, imaging centers and rehabilitation facilities. Specify dates of treatment and any unique patient identifiers.
3. Submit a HIPAA-Compliant Authorization
Download a medical release form or ask the provider for one. Fill in patient details, specify the records you need and sign and date the form. Providers may charge a reasonable copying fee under SDCL 36-4-24.2.
4. Request Itemized Bills
Ask each provider for an itemized statement that lists dates, procedures, CPT codes and charges. These bills prove the cost of your medical care and help calculate damages for your injury claim.
5. Organize and Review Your Documents
Create a folder or digital file for each provider. Label each file with the provider’s name and date range. Check that you have both the medical records and corresponding bills.
6. Submit Records to Insurer or Attorney
Send copies of your organized files to your insurance adjuster or attorney. If you work with an attorney, they will handle claim preparation and ensure records comply with South Dakota rules of evidence.
7. Mind Deadlines and Fees
Submit your records within claim deadlines set by insurers or the court. South Dakota has a three-year statute of limitations for personal injury claims. See SDCL 15-2-14.
Helpful Hints
- Keep originals safe; send copies only.
- Track all mailings with delivery confirmation.
- Note provider response times to follow up promptly.
- Request electronic copies for faster sharing.
- Keep a log of fees paid for each request.