ASK THE ATTORNEY
The basics on patient records
BY Deborah Green, Esq.

I’m starting a new practice. I need advice on main-taining patient records.

Find out what the record retention statutes are in your state. Medicare requires that you keep records for seven years but some states require retention for two to 30 years. Before disposing of any records, you should advise the patient that you have the records, and upon payment of a reasonable copying and postage fee, you will forward the records to the patient.

Never alter records. Document and sign everything, even minor issues. Use ink to prevent fading, and document at the time that you are rendering the service.

If you have professional employees working for you, they must also document and sign everything. If an employee quits, you must be able to determine the services that were performed.

There is no way to prove that a service was performed if the documents have not been signed.

If you store your records off-site, make certain that the storage area is clean, dry, and accessible.

Scan your records or convert them to microfilm if that is permitted in your state.

A lot of my patients are automobile accident victims and are covered by no-fault insurance. Although my documentation is complete and I submit claims in a timely manner, the insurance carriers are frequently late paying my bills or they arbitrarily deny certain claims. What can I do?

Unfortunately, you are not alone. These delaying tactics by insurance companies are rampant throughout the country. If you belong to a chiropractic association I would suggest that you speak to the other members to determine if certain insurance companies are more notorious for this type of behavior than others.

Have your association bring a complaint on your collective behalf to either the insurance department in your state or the attorney general.

Also, many states impose stiff penalties, including the payment of interest and attorneys’ fees, against insurance companies when they do not pay claims on a timely basis. Look into the regulations in your state. As long as the insurance companies find it profitable to engage in delaying tactics, they will do so.

Deborah Green, Esq., is licensed to practice law in Florid a and New York. She specializes in healthcare. She can be reached at 954-971-7778 or by e-mail at healthattorney@aol.com.

This column is provided for educational purposes only. The information is not presented as legal advice with respect to any matter and no attorney-client relationship is established.