Illinois Workers’ Compensation $20 Witness Fee to Medical Providers is Bad Business

Over the past decade, the Clayton v. Ingalls Memorial Hospital ruling has caused confusion for workers’ compensation attorneys, adjusters and healthcare providers alike. This ruling has set a precedent that a witness who had to bring ‘medical records’ to court was only entitled to a $20 fee plus mileage fees to appear in court, and not to copying charges. Seizing this as an opportunity, many Workers’ Compensation attorneys have made the claim the $20 witness fee is a payment for medical record copying costs—mailing healthcare providers subpoenas with a $20 check, telling them they are forced to come to court with the records or avoid a court appearance by sending unlimited copies of records for $20. Yet often, these copies often exceed the $20 ‘budget’ and end up coming out of the healthcare provider’s pocket.

We at DataFile do not believe this is right. We believe the Illinois Workers’ Compensation $20 witness fee to medical providers is bad business. We believe WC attorneys are abusing the $20 fees and bullying practices into doing what they want, when in the end it is the practice who ends up getting the short end of the stick. Clearly, this situation is today’s reality because there are many unresolved issues centered around subpoenas, copying medical records, and fees when it comes to Workers Compensation cases. There needs to be more defined legislation around these issues…and it needs to happen soon!

DataFile is a pioneer in leading this legislation change to make a meaningful impact to healthcare providers on this subject. We are co-hosting a “town hall” style discussion with the defense attorneys at Keefe, Campbell & Associates on these topics to help the Illinois Workers’ Compensation Commission to define the law or clarify the rules on this important topic. Please join us on September 19 from 3-5pm at the Rockford Public Library, East Branch to share your thoughts in a roundtable discussion. Space is limited, so be sure to RSVP here.

Visit the Town Hall event page on our website, or contact DataFile to learn more about understanding fees associated with copying medical records and your rights as a practice when you are served a subpoena. Download our subpoena white paper today to learn more.

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