Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Collecting and submitting medical records and bills correctly can strengthen your Tennessee personal injury claim. Below is a step-by-step overview under Tennessee law and federal privacy rules.
Step 1: Identify All Relevant Providers and Payers
List every healthcare provider, hospital, clinic, laboratory, imaging center, and insurance company that treated you or paid for treatment. Include dates of service, patient ID numbers, and contact information.
Step 2: Complete HIPAA-Compliant Authorization Forms
Under the federal Privacy Rule (45 C.F.R. § 164.524), you must sign a valid authorization for each provider before they release your records. Use each provider’s form or a generic HIPAA authorization that meets the requirements. For detailed federal guidance, see 45 C.F.R. § 164.524.
Step 3: Request Complete and Itemized Records and Bills
Submit your signed authorization forms by certified mail or an electronic portal if available. Ask explicitly for:
- Medical records, progress notes, imaging reports, lab results, and operative reports.
- Itemized invoices and billing statements that break down each service, supply, and charge.
By law, providers must respond to your request within 30 days (45 C.F.R. § 164.524(b)(2)(i)).
Step 4: Pay Reasonable Fees
Tennessee providers may charge a reasonable fee for copying records (Tenn. Code Ann. § 63-2-101(a)). Typical costs include a per-page charge for paper records and a flat fee for electronic copies. Keep receipts for any payments.
Step 5: Organize Your Documents
Arrange records and bills chronologically. Label each entry by date, provider, and service type. Include a master spreadsheet or index for quick reference.
Step 6: Submit to the Insurance Adjuster or Court
Pre-Suit Submission: Send your organized file to the claims adjuster with a cover letter summarizing your injuries and total medical expenses.
During Litigation: Under Tenn. R. Civ. P. 26.02, you must disclose documents that support your claims. Use Tennessee Rule of Civil Procedure Rule 45 to subpoena records from non-party providers if necessary. For details, see Tenn. R. Civ. P. 26.02 and Rule 45.
Helpful Hints
- Begin record requests early to avoid delays in your claim.
- Keep copies of all authorizations, requests, and correspondence.
- Follow up in writing if providers miss the 30-day deadline.
- Use electronic files and backup drives to store large imaging reports.
- Consult a Tennessee attorney promptly if you face difficulty obtaining records.