Detailed Answer
To support an injury claim in North Dakota, you must gather complete medical records and bills, then submit them to the insurance adjuster or the court. Below is a step-by-step process:
1. Identify All Health Care Providers
List every provider who treated your injury, including hospitals, urgent care centers, specialists, physical therapists, and labs. Use your explanations of benefits (EOBs) or insurance statements to ensure you don’t miss anyone.
2. Sign a HIPAA Authorization
Under the federal Health Insurance Portability and Accountability Act (HIPAA), medical providers need your written permission to release records. Ask each provider for a “HIPAA-compliant authorization form” or use a standard form that includes:
- Patient name and date of birth
- Specific dates of treatment or “all dates of service”
- Name and address of the recipient (you or your attorney)
- Signature and date
3. Request Records and Itemized Bills
Mail or deliver your signed authorization to the medical records department. Request:
- Complete medical records, including doctors’ notes, imaging reports, lab results, and treatment plans
- Itemized bills showing date of service, CPT/ICD codes, charges, payments, and balances
North Dakota law allows providers to charge a reasonable fee for copies. If a fee seems excessive, ask for an itemized breakdown.
4. Follow Up in Writing
Send your request by certified mail or secure electronic portal. Keep proof of delivery. If you don’t receive records within 30 days, send a written reminder, referencing your original request date.
5. Organize Your Documents
Chronologically label records and bills. Create a table of contents. This helps adjusters and attorneys find key information quickly.
6. Submit to Insurer or Opposing Party
If you haven’t filed suit, send a cover letter to the insurance adjuster that includes:
- Your claim number, date of loss, and policy information
- Summary of medical treatment
- Enclosed records and bills, marked as exhibits (Exhibit A, Exhibit B, etc.)
If you file a lawsuit in North Dakota, include these in your initial disclosures under Rule 26(a)(1)(A)(ii), North Dakota Rules of Civil Procedure. Respond to any document requests under Rule 34.
7. File Exhibits Before Trial or Summary Judgment
Check local court rules for deadlines on exhibit lists and pretrial disclosures. Often, courts require you to file your exhibit list and submit copies of documents 30 days before trial or a dispositive motion.
Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Request digital copies whenever possible to save time and reduce fees.
- Keep a log of all communications, including dates, methods, and persons contacted.
- Review records carefully for missing pages or illegible scans.
- Use a simple numbering system (e.g., 1, 2, 3) to mark page numbers on all documents.
- Consult a personal injury attorney early if the insurer denies or undervalues your claim.