Records Production Fees
If records (digital, paper, storage) are found, a Final Invoice for the reproduction cost, the certification process, and the digital distribution of the records, will be billed to your office for approval. This final reproduction cost must be made payable to our medical practice "Ideal Spine & Chiropractic" for our valuable time in making records available.
ANY FINAL PRODUCTION CHECK NOT PAYABLE TO "Ideal Spine & Chiropractic" WILL BE DESTROYED
Custodian of Records Affidavit
In litigation, business records, such as private healthcare records, are often allowed into evidence at trial with an affidavit signed by the custodian of records. By signing the affidavit, the custodian certifies under oath that the presented records are true, accurate, complete, and maintained in accordance with the law. Therefore, the Records Affidavit saves the requesting party the time and expense of bringing the custodian of records into court. This process is standard and similar in most jurisdictions.
Right to Access Does Not Mean Right to Affidavit.
Unfortunately, most healthcare professionals have been forced to deal with attorneys and third party requesters that misuse HHS/OCR guidance on the Patients’ Right to Access rule in order to obtain copies of their clients’ medical records for litigation purposes at the nominal rates allowed under the Privacy Rule. The Right to Access clause does not specify nor allow patients, attorneys, or third party requesters to receive an executed Custodian of Records Affidavit —that is only intended for litigation purposes.