Northwest Disability Advocates
Monday, July 30, 2007
Dear Oregon Medical License Holder:
I am the attorney for the disabled person who bears this Notice.
Your patient is a claimant before the Social Security Administration for Disability Benefits. I am informed that you have medical records that the United States Administrative Law Judge requires to make a fully informed decision on spending funds from the United States general fund to pay disability benefits to your patient.
I am further informed that you have not provided these records because claimant, in claimant’s impecunious condition, is unable to pay your fee for her medical records.
This is contrary to Oregon Law. I direct your attention to the Oregon Board of Medical Examiners, Division 12, Patient’s Access to Physician Medical Records which states in relevant part:
(1) Licensees of the Board of Medical Examiners shall make protected health information in the medical record available to the patent or the patient’s authorized representative…
(2)(4)(d) Actual costs (may be charged), However, a patent may not be denied copies of patient’s medical records because of inability to pay.
(6) Violation of this rule may be cause for disciplinary action under ORS 677.190.
This Notice officially informs you that your patient is unable to pay for her medical records and pursuant to this Oregon Board of Medical Examiners Rule, hereby demands a copy of all her medical records.
Respectfully,
Northwest Disability Advocates
Northwest Disability Advocates
Attorney at Law
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