Problems Obtaining Medical Records?

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Empire Justice Center July 31, 2019

Since 2017, New York law has allowed disability claimants to obtain medical records from providers at no cost. See the October 2017 edition of this newsletter for more details on Public Health Law §§ 17 & 18.

Apparently some records providers, particularly CIOX, are creating hurdles for advocates. Requests are being refused or ignored if the advocate fails to note in the original request (1) that the patient is requesting the records for the purpose of supporting the patient’s application, claim or appeal for [specific government benefit here] and (2) the request is made pursuant to Public Health Law §§ 17 & 18.

Michelle Spadafore of the New York Legal Assistance Group, one of the architects of the new law, has created a template for making the requests. As Michelle advises, it takes a lot more work to fix this issue on the back end, so please use her template. The letter is available as DAP # 597.

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