Letter · Personal Injury & Compensation

HIPAA request for an injured person's records

A request that a covered entity send an injured person's records to counsel, on one of two paths: an authorization under 45 CFR § 164.508, or the individual's access request under 45 CFR § 164.524.

Kind
Letter. A letter or email you adapt and send.
Where it applies
United States
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use when counsel needs records from a provider or plan. The lawyer picks one path. Do not combine them into one signature block. Psychotherapy notes are outside the access right and need their own authorization.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may assemble the authorization or the access request from the provider, the date range, and the firm address the lawyer supplies. The lawyer picks the path and the patient signs.

AI may

  • Insert the provider, the patient, the date range, and the firm's address
  • Keep psychotherapy notes off the general authorization
  • Flag a draft that uses both signature blocks

AI must not

  • Must not choose the path or describe the patient's condition
  • Must not say that treatment can be conditioned on the authorization, unless the lawyer has identified a section 164.508(b)(4) exception that applies
  • Must not send the request or sign for the patient

The lawyer checks

  • One path only, and every core element and required statement is present if the path is an authorization
  • The access request, if used, is in writing, signed, and names the person and the place to send the copy
  • The date range matches the injury, not the patient's whole life, unless the lawyer widens it

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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