NOSSCR Calls for End to The Disability Tax

Federal and State Action Launched to Stop For-Profit Information Blocking

WASHINGTON, Oct. 29, 2024 /PRNewswire/ -- The National Organization of Social Security Claimants' Representatives (NOSSCR) today announced a national campaign to protect vulnerable Americans from the unreasonable fees being unlawfully charged by some for-profit medical records companies.

Individuals seeking the support provided by Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) must demonstrate their eligibility by providing their medical records. Under federal law (The 21st Century Cures Act – Public Law 114-255), medical records companies may charge a reasonable fee to patients needing to access their electronic health information (EHI). However, the law also prohibits fees that are unreasonable or deter access to medical records. Despite that safeguard, some medical records firms persist in charging what many are now calling "The Disability Tax": excessive fees that pose an insurmountable obstacle to individuals with disabilities who need SSDI or SSI support.

In response, NOSSCR has unveiled a national initiative to put an end to unlawful, unreasonable medical records fees. The NOSSCR campaign consists of two significant parts:

• At the national level, NOSSCR is pursuing a legal strategy to ensure enforcement of federal rules which prohibit the charging of unreasonable fees that block individuals' access to their own medical records. Through this effort, NOSSCR is seeking action by the Social Security Administration and Department of Health and Human Services to identify those onerous fees that violate The 21^st Century Cures Act and impose civil monetary penalties on the for-profit companies levying them on vulnerable Americans.
  
  
• At the state level, NOSSCR is carefully examining the laws of every state and listing them in the new NOSCCR State Scorecard on The Disability Tax. Assigning states to one of ten categories – ranging from an A+ for states where all individuals have free and unlimited access to their medical records to an F for states that apply no limits to the fees medical records companies can charge – the NOSSCR State Scorecard will be provided to all state lawmakers and officials in support of state action against The Disability Tax.

"The law is crystal clear," stated NOSSCR Chief Executive Officer David Camp. "Every American is entitled to access their medical records without having to bear the burden of fees that 'deter access, exchange, or use of electronic health information.' And yet, some for-profit medical records companies continue to levy unreasonable fees on the most vulnerable among us. For that reason, we call on Washington and the States to put an end to The Disability Tax."

NOSSCR is raising awareness about The Disability Tax and its deeply inequitable impact on individuals with disabilities. Because many claimants are unable to collect and submit their medical records on their own due to their impairments, the unreasonable fees charged by some companies impose a severe burden on those who are already struggling, effectively blocking access to their own medical records unless they pay. Worse, these fees constitute double billing since the medical bills patients already paid included a fee for accessing their medical records.

"In addition to blocking vulnerable Americans' access to their medical records," Camp added, "unreasonable fees also slow down Social Security Administration processes, complicating access to needed benefits and increasing costs to taxpayers. As such, they fly in the face of Commissioner Martin O'Malley's efforts to make the SSDI and SSI application process faster and less burdensome."

For many individuals living with disabilities, every dollar counts. The unreasonable fees imposed by some for-profit companies therefore pose a dire financial obstacle, especially for individuals who are already struggling to manage their daily expenses. The Disability Tax has broad social implications, too. Individuals with disabilities are being forced to go without the financial support they need, leading to a cascade of heartbreaking outcomes. Without the necessary funds, many forego essential medical care or become homeless.

"NOSSCR's national strategy marks the beginning of The Disability Tax's end," Camp vowed. "It is unconscionable that some companies are violating the law by charging unreasonable fees to vulnerable Americans. This must be a priority issue for whomever wins the upcoming elections, and we will not rest until our leaders take action to stop the Disability Tax."

About the National Organization of Social Security Claimants' Representatives (NOSSCR): NOSSCR is a specialized bar association for attorneys and advocates who represent Social Security Disability Insurance and Supplemental Security Income claimants throughout the adjudicative process. Since 1979, NOSSCR has been providing continuing legal education to its thousands of members and public policy advocacy on behalf of its members and the people with disabilities they represent. Please visit https://nosscr.org for more information.

MEDIA CONTACT
Eric Berger
[email protected]

SOURCE National Organization of Social Security Claimants’ Representatives