4 Regulations Record Retrieval Efforts Must Comply With

May 12 2015 | posted by Giles-Parscale

Record retrieval isn’t just filling out forms and calling records custodians. In order to get the job done, you also have to be familiar with numerous laws and regulations. In fact, if your requests aren’t in compliance with these regulations, you won’t get the records you need at all, and it could jeopardize your case.

Want to make sure you always get the records your cases require? Then become familiar with these major regulations now:

1.  HIPAA – HIPAA, formally known as the Health Insurance Portability and Accountability Act, pertains strictly to medical records. According to HIPAA, every request for medical records must come with a written statement and numerous forms of documentation. Requests must also adhere to certain guidelines when it comes to transmission and access, in order to protect patient information.

2.  Texas Rules of Civil Procedure – The Texas Rules of Civil Procedure outline nine specific elements that must be included in a request for both legal and medical records. Additionally, medical record requests must also include a notarized affidavit.

3.  Federal Rules of Civil Procedure – These regulations set forth a wide variety of requirements and rules for how record retrieval companies must serve process orders and subpoenas, discover evidence, prove record authenticity, and more.

4.  Texas Civil Practices and Remedies – This code applies uniquely to medical records. In cases where a plaintiff is seeking damages for medical expenses, the Texas Civil Practices and Remedies code requires that the medical provider offer evidence that proves those expenses were both reasonable and medically necessary.

This is just a small portion of the many rules and regulations that record retrievalrequests must comply with. If you and your staff aren’t deeply familiar with them, you may want to consider using a professional record retrieval service instead. Contact LORR today to learn more or file your request now.