In litigation, access to medical records can make or break a case. Whether it’s for personal injury, medical malpractice, mass torts, or workers’ compensation, these records provide the foundation for a strong case strategy. But the process of requesting records isn’t always straightforward—delays, high costs, and provider inconsistencies are all too common.
That’s where the Health Information Technology for Economic and Clinical Health (HITECH) Act plays an important role. Understanding this legislation can help attorneys and claims professionals streamline record retrieval—and with Compex as your partner, the process becomes even more efficient.
What Is the HITECH Act?
Passed in 2009, the HITECH Act was created to encourage healthcare providers to adopt and use electronic health records (EHRs). But beyond driving digitization, it also expanded patient rights, particularly when it comes to accessing medical records.
Here’s what the law requires:
- Electronic Access: Providers must supply records in an electronic format if requested.
- Reasonable Costs: Fees must be limited to labor, supplies, and postage, with electronic copies often capped at a flat rate (commonly $6.50).
- Timely Response: Providers generally have 30 days to respond, with one possible 30-day extension if needed.
Together, these provisions ensure that patients—and their authorized representatives—have both the right and the ability to access their records quickly and affordably.
Why It Matters for Attorneys and Claims Professionals
The HITECH Act provides several key advantages for the legal industry:
- Reduced Costs: Eliminates inflated per-page charges that often make records expensive.
- Faster Access: Digital delivery cuts down on weeks of waiting.
- More Complete Records: Electronic formats reduce errors like missing pages or poor-quality scans.
For attorneys, this translates into faster case preparation, stronger evidence, and ultimately, better outcomes for clients.
Best Practices for Requesting Records Under the HITECH Act
Even with the law in place, the record request process can be tricky. Here are a few practical tips:
- Be Specific in Your Request – Clearly state that you want the records in electronic format to ensure HITECH compliance.
- Monitor Costs – Push back if providers charge more than the allowable flat fee for digital copies.
- Track Deadlines – Keep a close eye on the 30-day turnaround requirement to prevent unnecessary delays.
- Ensure Compliance – Double-check that all authorizations meet HIPAA and HITECH standards.
How Compex Simplifies the Process
While the HITECH Act creates a framework for fair and efficient record retrieval, applying it in practice can still be challenging. Each provider operates differently, and managing multiple requests across jurisdictions can quickly become overwhelming.
That’s where Compex comes in. Our team:
- Handles requests from start to finish, ensuring compliance with HITECH and HIPAA.
- Uses industry-leading technology and secure digital platforms for faster, safer record delivery.
- Tracks provider deadlines and tailors the experience to your preferences, so your orders are delivered your way, and keeps you updated in real-time, so you always have a pulse on your records.
- Leverages nationwide coverage and advanced technology to give you consistent, reliable results.
With Compex, attorneys and claims professionals don’t just save time—they gain confidence that their records will arrive on time, in full, and at the right cost.
Final Thoughts
The HITECH Act has reshaped how medical records are accessed, empowering patients and legal teams alike. By understanding its provisions and applying best practices, you can speed up record retrieval, reduce expenses, and improve case outcomes. And with Compex as your partner, you’ll have a team that not only understands the law but also delivers the technology, expertise, and service needed to make it work in your favor.
Ready to simplify your record requests? Partner with Compex. See how Compex Legal Services can assist you with leveraging technology for all your record retrieval, medical canvassing, social media canvassing, and court reporting needs.
