While NOSSCR continues to advocate for nationwide sweeping changes to the way Social Security receives heath data, we also encourage our members to continue advocating for changes on the ground in your state. Sustaining Member Joanna Suyes did just that. In her position as President of the Virginia Trial Lawyers Association, she asked their legislative team to put in a bill to amend Virginia’s medical records bill 8.01-413 to eliminate charges for medical records for people trying to get SSDI, SSI, VA benefits, Medicare and Medicaid. We are extremely pleased to announce that the Governor signed the amended version of the bill on Saturday and the changes take effect July 1, 2025. Here’s a look at the added language and a link to the full bill (also available in PDF form below):

B7. A health care provider shall provide one free copy of a patient’s medical records stored or maintained in an electronic health record (EHR) per calendar year if requested by a patient or his attorney for the purpose of supporting a claim or appeal under Title II, XVI, XVIII, or XIX of the Social Security Act, 38 U.S.C. § 101 et seq., or under any federal or state financial needs-based benefit program, provided that the request is supported by a reasonable amount of documentation, including evidence of representation in the Social Security disability courts such as the Social Security Administration Appointment of Representative form or a notice of or request for a hearing, regarding such purpose. Any additional requests for medical records in the same calendar year are subject to a reasonable fee for the production of the records. No fees shall be charged if no medical records are found in response to the request.

Way to go, Joanna!

Also this month, after direct conversations with NOSSCR, DC Council Chairman Phil Mendelson introduced a bill that would exempt individuals and their representatives from having to pay medical record fees if the copies will be used to support a claim or appeal under any provision of the Social Security Act or for any other federal or District needs-based benefit or program. The bill was referred to Committee on March 18th, and we will be watching it’s progress closely (proposed language available for download below).

While not the sweeping national reform that we ultimately want, these impactful state-level changes will meaningfully benefit the lives of claimants and practitioners in these areas. If your state continues to have unfavorable laws, we encourage your to talk to your elected officials. Use the language of these bills to encourage similar improvements in your state. And please reach out to NOSSCR if you have questions or need additional support.