Florida-Free Access to Medical Records for the Disabled

The current Florida statute requires all people to pay up to $1 per page for copying their medical records. 

Over the past several years my firm has represented thousands of claimants for Veterans Disability Compensation and Social Security Disability.  I cannot describe how frustrating it is to be contacted by a disabled veteran who appeared at his Social Security hearing, but was denied because he could not afford the necessary medical records to prove his disability case.

But the impact goes far beyond my clients inability to pay, it goes to the very core of disabled individuals access to federally funded programs, and hence to the state governments reduced need for funding to support uninsured individuals through state-funded programs.

Statute 395.3025:

"The exclusive charge for copies of patient records may include sales tax and actual postage, and, except for non-paper records that are subject to a charge not to exceed $2, may not exceed $1 per page...."

A change in the statute is required by the legisture.  We are suggesting that the statute includes the following:

NO PROVIDER SHALL CHARGE FOR FURNISHING A HEALTH RECORD TO A PATIENT, HIS ATTORNEY OR AUTHORIZED REPRESENTATIVE IF THE RECORD IS REQUESTED FOR THE PURPOSE OF SUPPORTING A CLAIM OR APPEAL UNDER ANY PROVISION OF THE DEPARTMENT OF VETERANS AFFAIRS OR SOCIAL SECURITY ACT, ONLY IF THE REQUEST IS ACCOMPANIED BY A COPY OF THE CLAIM OR APPEAL DOCUMENT.  RECORDS MUST BE PROVIDED WITHIN 30 DAYS FROM THE WRITTEN REQUEST.

We appreciate your consideration.

The current Florida statute requires all people to pay up to $1 per page for copying their medical records. 

Over the past several years my firm has represented thousands of claimants for Veterans Disability Compensation and Social Security Disability.  I cannot describe how frustrating it is to be contacted by a disabled veteran who appeared at his Social Security hearing, but was denied because he could not afford the necessary medical records to prove his disability case.

But the impact goes far beyond my clients inability to pay, it goes to the very core of disabled individuals access to federally funded programs, and hence to the state governments reduced need for funding to support uninsured individuals through state-funded programs.

Statute 395.3025:

"The exclusive charge for copies of patient records may include sales tax and actual postage, and, except for non-paper records that are subject to a charge not to exceed $2, may not exceed $1 per page...."

A change in the statute is required by the legisture.  We are suggesting that the statute includes the following:

NO PROVIDER SHALL CHARGE FOR FURNISHING A HEALTH RECORD TO A PATIENT, HIS ATTORNEY OR AUTHORIZED REPRESENTATIVE IF THE RECORD IS REQUESTED FOR THE PURPOSE OF SUPPORTING A CLAIM OR APPEAL UNDER ANY PROVISION OF THE DEPARTMENT OF VETERANS AFFAIRS OR SOCIAL SECURITY ACT, ONLY IF THE REQUEST IS ACCOMPANIED BY A COPY OF THE CLAIM OR APPEAL DOCUMENT.  RECORDS MUST BE PROVIDED WITHIN 30 DAYS FROM THE WRITTEN REQUEST.

We appreciate your consideration.