FastCounsel

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Montana for specific guidance.

Detailed Answer

After a car accident in Montana, documenting and submitting your medical treatment records correctly can strengthen your injury claim. Follow these steps to ensure you collect, organize, and transmit the records in compliance with Montana law and insurance requirements.

1. Gather and Organize All Treatment Records

1. Identify Providers: List every facility and professional who treated you. Include hospitals, urgent care centers, primary care, specialists, and physical therapists.
2. Request Complete Records: Ask each provider for your full chart, including admission notes, imaging reports, progress notes, bills, and discharge summaries.
3. Obtain Itemized Billing: Secure itemized invoices showing dates, services rendered, payment amounts, and balances due.

2. Complete HIPAA Authorization Forms

Under federal law, medical providers require a valid HIPAA release before disclosing records. Use a standard authorization form or one provided by your attorney or insurer. Ensure it:

• Names you as the patient.
• Specifies the provider(s) and date range.
• States the purpose (e.g., personal injury claim).
• Includes your signature and date.

3. Request & Receive Records

1. Submit Written Requests: Send your signed authorization form via certified mail or secure portal.
2. Track Deadlines: Montana law requires providers to respond within 30 days. If they don’t, follow up immediately.
3. Pay Reasonable Fees: Providers may charge copying fees. Montana law caps these at reasonable rates.

4. Review, Summarize & Index Records

• Create a Chronology: List each treatment episode by date, provider, and purpose.
• Highlight Key Entries: Mark notes relating to your accident injuries, pain levels, diagnoses, and prognosis.
• Prepare an Index: Number pages and create a table of contents to help adjusters and attorneys navigate the file.

5. Submit to Insurer or Attorney

1. Use a Cover Letter: Summarize your records, reference your claim number, and list attachments.
2. Send Electronically & by Mail: Email PDFs via secure link, then mail a hard copy by certified mail for proof of receipt.
3. Retain Originals: Keep original records and proof of mailing in a secure folder.
4. Monitor the Statute of Limitations: Under Montana law, you generally have two years from the accident date to file a personal injury claim. See Mont. Code Ann. § 27-2-204 (mca/title_0270/chapter_0020/part_0020/section_0004).

Helpful Hints

• Keep digital backups of every record and correspondence.
• Label each electronic file with provider name and date.
• Use simple PDF merging tools to combine multiple reports into one document.
• Ask your attorney to issue a subpoena if a provider delays beyond 30 days (see Mont. Code Ann. § 27-1-702: mca/title_0270/chapter_0010/part_0070/section_0002).
• Verify that bills match treatment notes to avoid disputes over chronology.
• Review insurer guidelines—some require specific file formats or packet structures.