On January 23, 2020 a Federal Court vacated the HIPAA HITECH Act that allowed law firms, record retrieval agencies, or any third party to obtain electronic records on behalf of a plaintiff at a significantly reduced rate.

The HITECH Act, signed into law in February 2009 included a provision requiring covered entities to charge either the cost of labor and supplies when providing an electronic medical record — or a flat fee of $6.50.

The Act previously enabled third parties (law firms, insurance companies, and record companies) to retrieve an electronic copy of medical records on behalf of a plaintiff at a reduced fee that we directly passed onto the law firm. Now, with the court vacating this ruling, the state’s higher guideline pricing will be charged by providers.

Record retrieval is an important part of the discovery process. And because we recognize the importance of cost control for our clients, we understand the significant impact this ruling has on firms. Our client commitment remains the same with provider fees for private collections remaining a direct pass-through cost.

In response to this change, Pohlman will:

  • Continue to pay provider fees upfront
  • Continue to review invoices for absolute accuracy
  • Contest any invoices not adhering to state guideline pricing
  • Review client preferences for provider fee approval limits
  • Take any and all cost-saving measures

Some things that remain unaffected:

  • Individual rights to directly access one’s own records via HITECH — and fee limitations on those requests remains unchanged.
  • A valid HITECH letter can still be used to authorize the release of the patient’s electronic medical record.

Pohlman has achieved 30 years of litigation services excellence by providing unparalleled customer service, utilizing our vast industry expertise, and maintaining a constant focus on HIPAA compliance. As with any situation, Pohlman will be watching out for our clients by continuing to monitor the situation carefully and informing you of any new developments.

Questions? Contact us at 888.677.7327 M-F 7:00 am to 5:00 pm CST.


Retrieving records is an imperative part of the discovery process. Properly retrieving your records can lead to evidence needed to prove or disprove if an injury occurred, the defendant’s responsibility, plaintiff’s out of pocket costs, and the total amount of damages owed.

Because finding the right records retrieval partner is critical to your case, here are some key things to look for:

Experience. More reliable providers have been operating for more than one year. A partner with experience means they are more likely to know how to handle any problems that may arise. To gain insight into their experience level, some questions to ask may be: How long have you been in business? How many records do you collect per month?

Expertise. Some record retrieval agencies operate within specialties. Those collecting multiple types of records will expand a provider’s level of expertise. To determine if they can access the right information for your case, you may ask: What type of records have you previously collected?

Speed. A strong provider should be able to deliver within the industry average turnaround of 30 days or less. It is important to consider the promptness as you can’t afford delays. You’ll want to know: What is your average turnaround? Do you offer expedited delivery? Will I have online access to my information?

Dedication. You want a partner and team you can trust to be responsive to all of your needs. Will the team in charge of your records be in contact throughout the process?

Confidentiality. Records contain sensitive information, so it is of utmost importance that your provider takes security and confidentiality seriously. A strong provider should be employing data encryption ensuring HIPAA compliance at every stage. To be confident in your choice, you’ll want to ask about their policies and procedures to ensure security.

Click here to learn about the Power of Pohlman and how we provide the service, experience, expertise, security and speed needed from a records retrieval partner.

After nearly 30 years in business, and with over 100,000 transcripts, PohlmanUSA has built one of the largest asbestos-related case repositories available to those in the legal profession.

As a technology-driven company providing court reporting and litigation support, it is imperative that PohlmanUSA’s clients have an efficient search tool to maximize the effectiveness of having such a vast repository.

Finding the RIGHT transcript to support your case is critical to the discovery process. Enter MyCaseTRAKS™ which has become the go-to transcript web tool for clients. PohlmanUSA listened closely to their clients on how to improve this product and as a result, these recent enhancements have made MyCaseTRAKS™ better than ever.

With word index on MyCaseTRAKS™ you can see how many times a keyword is mentioned in a transcript, so you can be sure that the testimony you buy keeps your case on track.

PohlmanUSA’s new search inside feature allows you to view more pages and search more content so you can be even more confident about your transcript purchases.

To learn more about how MyCaseTRAKS™ can assist in the discovery process, click here or contact marketing@pohlmanusa.com.