Requirement to Provide Medical Records in Social Security Disability Cases
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