Academy of Chiropractic Personal Injury & Primary Spine Care Program

Quickie Consult 1098
Office Systems 93 OS

From the Desk of Dr. Mark Studin
Academy of Chiropractic

Preamble: Many of the issues I bring to you are very small, yet each issue is just that, an issue. If you take care of the small issues, then you will be able to build and more importantly, focus on the bigger issues...a larger practice and more family time. -Mark Studin 2006

A Case Manager Attending an Examination or Requesting Records


Dr Studin: So, what's your question?

Guest Doctor: The question is regarding a case manager. A case manager is hired by a lawyer or not hired but signed by a lawyer or was assigned by me or some of the doctors that I work with, they ask for records. Do I have to give him the records for a case manager?

Dr Studin: Here's the answer. And it's very simple and it's a good question. Let's just qualify case managers. There are some that worked for insurance companies. There are some that work for lawyers on the plaintiff side. In other words, the lawyers hired by the patients or some that worked in the insurance companies, a defense lawyers and their case managers. Everyone tries to get a little bit of advantage and knowing what's going on. So, the first issue is if somebody wants records, they come into your office, no one gets records and the lawyers on the defense side, we'll submit a subpoena duces tucum, that subpoena duces tucum is a records request. If they hand you that subpoena, then you have to provide all the records. Its court ordered. However, you don't need to give it to them on the spot. You need time to prepare it and, in some states,, you’re allowed to charge for it. Most states put it put a dollar amount to that. Some states it's a dollar a page, some states it's $0.50 or $0.75 cents a page, but you need time to prepare that. That's number one. Number two, the plaintiff's attorney usually won't give you a subpoena Duces tucum they're friendly. So, what they're going to do is just simply a record request, but they have to submit to you prior are released from your patients. If you don't have that release from the lawyer, you can't send them anything. It's illegal because they're the duly, the legal representative, they're allowed to represent the patient and get that information. So based upon confidentiality rules, you can't do that. But once you have that release, then you're golden. Now, with that being said, if they come in and they want to attend that evaluation, if they're on the plaintiff side, what do you care? You're doing a thorough evaluation. They're on your patient's side. They can see what you're doing when they get there a better understand them if they're on the defense side, well that's a state by state issue and your patient can deny allowing to have them show up or for this insurance company a representative to attend or what's it call the case manager? they send a nurse, they send someone, your patient can deny them being present during that evaluation. But again, it's a state by state issue, so you have to find out from a local attorney if they could attend. So, I think I covered every single one unless you have a more specific question.

Guest Doctor: That’s it. Thank you.

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