Detailed Answer
When you file an injury claim in Oklahoma, gathering and submitting accurate medical records and bills is crucial. Detailed documentation strengthens your position during negotiations or trial.
1. Understand Applicable Laws
Under the federal Health Insurance Portability and Accountability Act (HIPAA), specifically 45 C.F.R. §164.524 (HIPAA Privacy Rule), you have the right to access your medical records. Oklahoma law protects the confidentiality of patient records. See 63 O.S. §1-507 (confidentiality of medical records). In civil litigation, the physician-patient privilege may be waived under 12 O.S. §2504(E) (waiver of privilege).
2. Execute a HIPAA Authorization
Obtain a signed HIPAA authorization form for each healthcare provider. The authorization must identify the patient, the provider, the records requested, and include valid signatures. Many providers offer their own HIPAA forms. Submit the form to each facility and keep copies for your records.
3. Request Complete Records and Itemized Bills
Contact every provider who treated you: hospitals, doctors, urgent care, therapists, labs, and pharmacies. Request a full copy of:
- Clinical notes, imaging reports, and test results
- Operative reports and treatment plans
- Itemized medical bills and cost statements
- Prescription records and pharmacy invoices
Ask the provider for any administrative fees in advance. Oklahoma law allows providers to charge reasonable copying costs under 63 O.S. §1-207.
4. Organize and Index Your Documents
Once you receive the records, arrange them chronologically. Create a cover sheet or index listing each document, date, provider, and description. Number the pages sequentially. Well-organized records help insurers and attorneys review your claim efficiently.
5. Submit Records to Insurer or Opposing Counsel
When you file a claim with an insurance company, include:
- A cover letter summarizing your injury and treatment dates
- Copies of the signed HIPAA authorizations
- Indexed medical records and itemized bills
In litigation, you may need to serve a request for production under the Oklahoma Civil Procedure Rules. See 12 O.S. §3226 (scope of discovery).
6. Use Records During Settlement or Trial
Medical records and bills demonstrate the nature, extent, and cost of your injuries. Discuss your documentation with an attorney to identify gaps. Attorneys often use medical summaries and billing exhibits in negotiations or at trial to illustrate damages clearly.
Helpful Hints
- Track correspondence. Note dates you submitted requests and any responses.
- Follow up regularly. Providers may take weeks to process record requests.
- Use PDF software to merge and bookmark electronic records.
- Keep original records safe. Work with copies when preparing your claim.
- Consult an attorney early. They can guide you on additional evidence (e.g., expert reports).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.