Do you have workers’ compensation questions related to the COVID-19 coronavirus?

Georgia Medical Records Law

You may be surprised to learn that you are not the owner of your medical records. Under Georgia law, those records are the property of the medical provider. You are, however, entitled upon request and authorization to a copy of those records.

When you request a copy of your medical records from a medical provider, two sets of laws apply:

  1. Georgia law (O.C.G.A. §31-33-1, et seq.)
  2. Federal law (frequently referred to a HIPAA).

This blog will focus on what Georgia law says about getting your medical records. If you want to know more about what HIPAA says, go to http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/medicalrecords.html.

What does Georgia law say about getting your medical records?

At one time Georgia law did not have to specify what could be charged for production of medical records. Doctors and hospitals charged a reasonable fee for copying them and providing them to patients.

Over time doctors and hospitals began contracting those duties out to for-profit companies that charged patients sometimes exorbitant rates for records. In one reported case the amount charged by Smart Corp. (now HealthPort) ranged from $1.04 to $7.60 per page, Cotton et al. v. Med-Cor Health Information Solutions, Inc., et al.,221 Ga. App. 609 (1996).

Medical records are important to patients for many different reasons. The cost to obtain them must be something patients can afford. The Georgia legislature recognized this and placed statutory limits on what could be charged.

What is the current problem with the medical records law?

Producers of records have been very creative trying to avoid those limits. They take the position that records produced from microfilm are not covered by the limits. They regularly charge over $1.50 per page for records printed from microfilm. Also, they sometimes provide records in electronic format (either by allowing patients to download the records from their websites or providing the records on a CD).  When they do this, many still charge the paper price for producing them!

For the last two years, Ann-Margaret Perkins has spearheaded an effort to change Georgia law to limit record producers to charging a fair price for duplicating medical records. She helped draft legislation that was recently introduced by Representative Kevin Cooke in the Georgia House of Representatives as HB 321.

Please contact your State Representative and State Senator and ask him or her to support this important legislation. If you don’t know who to contact, click to find your state representative or state senator.

 

What if I have other questions about workers compensation?

Georgia’s workers compensation system can be very confusing.  You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.

If you have questions, I would recommend that you try to get answers.  To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article.

Jason Perkins is an attorney who specializes in representing injured workers.  He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families.

To be notified of Jason’s new workers compensation videos, subscribe to his Georgia Workers Compensation Video Series channel on YouTube by clicking the subscribe button below.

Brittney-lee orourkeBrittney-lee orourke
05:23 18 Feb 22
Amazing! Jason and his team were very helpful and had the best communication by far. Walked me though every step with great detail and had answers for any question I had. They handled my case better then I could imagine, it was a weird case and they stayed on top of it and kept me updated every step of the way! Highly recommend this Team! Thanks so much to Jason and his Awesome team!-Brittney
China JonesChina Jones
18:58 08 Feb 22
I absolutely love this group of attorneys, when I was at my lowest they did everything they could to help me get justice for my injury. I believe if I were to have never picked my phone up and called the amazing group that helped me I definitely would not have received my idea of rights. If you have an issue and are just not sure please understand that they will help you, stay in contact, answer any question you have, and for sure get you the justice you deserve I thank them from the bottom of my heart and I will definitely refer them to anyone who has been hurt because they most definitely care about their work and clients.
Luv LocsLuv Locs
16:08 15 Jan 22
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.
moombimoombi
21:14 02 Jan 22
If you must get a lawyer involved, you’d do well to work with Jason Perkins and his team at Perkins Studdard Law.They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case. Jason and the team were responsive to my bevy of questions and concerns.I appreciated the informative videos and consultations provided by Jason over video meetings and multiple phone calls.I hope I’m never injured on the job again. However, if I am and if my employer responds as my previous employer did, I’ll contact Perkins Studdard Law immediately to handle the case.
Dana BessDana Bess
23:57 10 Dec 21
Everyone at Perkins Studdard was kind and professional. They were always extremely responsive and answered all questions that I had and followed up to make sure I had an understanding of what was going on along with emailing videos to explain every step of my case so I would know what to expect and be prepared. Jason is a very genuine person and I trusted him with my case. He answered so many questions for me even before I retained him as my WC lawyer. I highly recommend him and his associates at Perkins Studdard.
js_loader

Related Posts

Contrast:

Font Size:

Jason Perkins

Workers' Compensation Attorney

Interested in more Workers Compensation information?

I’ll help you understand the workers' compensation process and how to get the benefits you deserve.

  • This field is for validation purposes and should be left unchanged.