Keeping an Eye on DC Metro Area Legislative Changes

At Curcio Law, we are committed to protecting our clients and maximizing their personal injury recovery. As part of our commitment, we continue to stay informed on all relevant legislature changes in the DC Metropolitan Area. In keeping with that commitment, on March 16, 2023, Stephanie attended an information webinar with the Trial Lawyers Association of Metropolitan Washington, DC, to learn more about a new law passed in DC: the Personal Medical Record Fee Amendment Act of 2022. This Act amends DC Code §3-1201.01 and §3-1210.11, creating a new section in DC Code §3-1210.11, §3-1210.11A. This new section applies to “persons authorized by a patient or client to receive personal medical records,” i.e., your attorneys.

This new section limits the fees charged by medical providers and/or any third parties contracted by those providers (CIOX, Chartswap, etc.) for the production of medical records requested by attorneys on behalf of their clients. Under this new law, costs for electronic records shall not exceed the amount of $109.42 ($0.66 per page (not to exceed $86.54 for ALL pages produced) + $22.88 search fee). No other fees can be added to invoices by these companies; however, the rate is tied to the Consumer Price Index (CPI) beginning 01/01/2024 and will continue to be adjusted accordingly.

In addition to capping record reproduction fees, this new law requires records to be furnished within 60 days of receipt of the request in the form and format they are requested. The new law also institutes fines for non-compliance, which are charged for each day the requested records are late, up to the cost of the records request.

This new law applies to all providers and their business associates in DC, so if you live outside of DC but received any type of treatment in DC, the new law will apply to those specific DC providers. Because some (or all) providers may not be aware of this change in the law, it is important to us at Curcio Law that we stay informed so we can educate providers of these changes in the law to help lessen the financial burden on our client’s personal injury claims.

Another noteworthy law that came into effect in DC is the Stormiyah Denson-Jackson Economic Damages Equity Act. This Act bans the practice of reducing civil damages in a personal injury or wrongful death suit based on the litigant’s actual or perceived race, color, religion, national origin, sex, sexual orientation, or gender identity or expression. If your personal injury or wrongful death suit in the District of Columbia is not yet resolved as of the date this Act became effective (February 23, 2023), this Act will apply to your case.