Detailed Answer
When you file a personal injury claim in Massachusetts, well-organized medical records and bills prove the extent of your injuries and losses. Follow these steps to gather and submit the documentation accurately and efficiently.
1. Identify and Request Records
- List all providers: Include hospitals, urgent care centers, clinics, chiropractors and therapists.
- Submit a written request: Send each provider a signed HIPAA-compliant authorization form. Under 45 C.F.R. § 164.524 and Massachusetts privacy rules (201 CMR 17.00), you have the right to obtain copies of your records.
- Reference Massachusetts law: Cite M.G.L. c. 231, § 60H (view statute) to show the legal basis for disclosure in an injury claim.
- Pay reasonable fees: Providers may charge a copying fee. Ask for an itemized cost estimate before they process your request.
- Track deadlines: By law, providers must comply within 30 days of receiving a valid request.
2. Organize Records and Medical Bills
- Chronological order: Arrange all records and bills by date of service.
- Create an overview: Prepare a simple spreadsheet or table listing date, provider, treatment description and cost.
- Highlight key entries: Emphasize treatments related to your injury to guide the adjuster or court.
- Include diagnostic images: If you receive CDs or DVDs of X-rays/MRIs, note them in your summary and label the discs.
3. Prepare Your Submission Packet
- Cover letter: Draft a letter summarizing the enclosed documents and your claim’s scope.
- Exhibit tabs: Use numbered or lettered tabs to separate medical records, bills and summaries.
- HIPAA releases: Attach a copy of your signed authorization so the insurer or opposing counsel can verify your consent.
- Keep copies: Retain a full set of your packet for your records, including confirmation of delivery (certified mail or courier receipt).
- Meet all deadlines: File records by the insurer’s deadline or any court-imposed schedule, per Mass. R. Civ. P. 26(a)(2)(B).
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss the specifics of your case.
Helpful Hints
- Start collecting records early to avoid last-minute rushes.
- Use secure cloud storage to back up digital copies.
- Request explanations of benefits (EOBs) from your insurer to tie bills to payments.
- Note any disputes over overdue records in writing to preserve your timeline.
- Consider hiring a medical records retrieval service if providers delay compliance.