Requirement to Provide Medical Records in Social Security Disability Cases

MEMORANDUM

From: Diana Godwin
To: PPSIG Members

Date: July 27, 2018
Re: Requirement to Provide Medical Records in Social Security Disability Cases

The 2018 session of the Washington Legislation passed House Bill 1239 which requires that health care providers provide one copy of a patient’s medical record free of charge to the patient or the patient’s representative if the patient is appealing the denial of federal supplemental security income or social security disability benefits. The patient or the patient’s representative may, but is not required to, complete a HIPAA disclosure authorization.

A health care provider may provide the free copy in either paper or electronic format. The requirement to provide a free copy to the patient is limited to once every two years.

Legislature passed this bill because of concern that the fees that providers are currently allowed to charge under Washington law can be a significant financial burden – or cost prohibitive – to a person who is applying for disability benefits.

This new requirement took effect June 7, 2018

I hope you are enjoying your summer!

Diana E. Godwin, PPSIG Executive Director

Attorney at Law

1500 SW 1st Avenue, Suite 1170

Portland, OR 97201

Phone: (503) 224-0019

Fax: (971) 275-1218

E-mail: dianagodwin@engravlawoffice.com