State News : Texas

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We’ve heard reports that Brook Army Medical Center (BAMC) will not release medical records to a carrier unless the claimant signs a DD Form 2569, Third Party Collection Program/Medical Services Account/Other Health Insurance.
What is a DD Form 2569, you ask?  It states in part, “ACKNOWLEDGMENT:  I hereby agree to pay for any service not covered in whole or in part by my third-party insurer.”  BAMC’s current policy is reportedly that it will not accept a standard HIPAA-compliant medical records release signed by the claimant.
Claimants are understandably reluctant to sign the DD Form 2569 agreeing to be personally liable for any unpaid charges.  And without the form, BAMC will not provide its medical records to the carrier.  As a result, carriers have been unable to obtain necessary medical records from BAMC. 
Matt Zurek, DWC’s Deputy Commissioner for Health and Safety, was asked about this practice by BAMC at the July 8, 2019 stakeholder meeting.  He said the DWC has not seen the issue before but that there’s no provision in section 413.0112 or the informal draft rules that allows the carrier to withhold payment if BAMC won’t provide its records.
Please let us know if you’ve encountered a similar issue trying to get records from BAMC.
Copyright 2019,James M. Loughlin, Stone Loughlin & Swanson, LLP