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The HITECH Act: How Torgenson Law Saves Clients Money

August 20, 2015

As Arizona personal injury lawyers, our clients measure our success on one number: how much money they receive in their pocket at the end of their case.  This represents the amount of money a client receives after we get paid, every medical provider and health insurer is repaid for its services, and Torgenson Law recoups its hard costs, such as the costs associated with requesting a client’s medical records from their providers.

The Problem:  Medical providers, usually contracting with for-profit “medical records collection companies” turn their patients into profit centers.  Recently, we received a bill for $150.00 for 8 pages of medical records.  Another time, we received a bill for over $2,500.00 for a box of records for a paralyzed client even though we requested the records be put on a compact disc.  I could list hundreds of examples of grotesque over-charging.  While Torgenson Law fronts the cost of this medical records collection, the client ultimately has to pay for it when they obtain recovery for their injuries.  It is in everyone’s best interests to keep these costs as low as possible.

Our Solution: The Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) allows attorneys to obtain a client’s medical records in an electronic format without paying an arm and a leg to the medical provider.  The HITECH Act was adopted as part of the American Recovery and Reinvestment Act of 2009 and gives patients (our clients) the right to obtain their medical records in an electronic format from their medical providers for a very reasonable cost.  42 U.S.C.§ 17935(e).

The HITECH Act expressly limits the ridiculous per page charges that medical providers can bill to their patients under Arizona law.

At Torgenson Law, we’ve implemented the HITECH Act into our practice.  When we accept a new client, we explain to them what the HITECH Act is, and have the client sign off on it.  From there, we request our clients’ medical records from their medical providers and begin drafting a demand letter to effectuate a quick settlement.

Sometimes, however, the medical provider violates the HITECH Act, produces paper copies of the patient’s medical record, and charges the same, exorbitant amounts.  At Torgenson Law, we follow up with a letter to the medical provider emphasizing that it must comply with the HITECH Act.  We refuse to give up on our clients just because a hospital chooses to profit off of its patients, and we always win.

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The end result is simple: the attorney pays fewer costs on his client’s behalf, and the client’s recovery is larger because of it.  That’s just one of the ways Torgenson Law makes a difference for its clients.  We battle for every penny because, at the end of the case, the only thing that matters is the amount of money in your pocket.

If you or someone you know was injured, you need an aggressive Arizona injury lawyer to fight for you with one goal in mind: To get you the most money in your pocket at the end of your case.