Disclaimer: This article is for educational purposes and is not legal advice.
Detailed Answer
When you file a personal injury claim in Montana, you must present clear medical documentation and billing records. Here are the steps:
- Obtain a HIPAA Authorization
Ask your health care providers to complete and sign a HIPAA release. Under federal law (45 C.F.R. §164.524), providers must permit you to access your records. See HHS guidance. - Request Medical Records
Contact each facility in writing. Include patient name, date of service, provider details, records requested, and a valid signature. Montana caps copying fees; see Mont. Code Ann. §50-16-527. - Gather Itemized Bills and Receipts
Request billing statements or itemized invoices for every visit, test or procedure. Ensure each document shows dates, codes, charges and payments. - Compile and Authenticate Records
Organize records chronologically. Attach a sworn affidavit or certification attesting to their authenticity under the business records exception (Mont. Code Ann. §27-1-702). - Check the Deadline
Montana’s statute of limitations for personal injury is three years from the injury date (Mont. Code Ann. §27-2-204). - Submit Records to the Insurer or Court
Send a cover letter summarizing enclosed documents. Use tracked mail or electronic filing if permitted. Include a table of contents or index for quick review. - Use Legal Tools if Needed
If providers refuse, you can issue a subpoena duces tecum under Mont. R. Civ. P. 45.
Helpful Hints
- Keep original records and send certified copies only.
- Pay attention to copying fees and pre-payment requirements.
- Follow up promptly if a provider delays.
- Use clear labeling (Name, Date Range) on each folder.
- Consider digital scanning for backup.
- Consult a qualified attorney if you face resistance.