Posted by Karla/OR on 11/13/12 7:02pm
Msg #443269

Confidential Communications . . .

I have not heard from this company in a while and can't recall what advise I received from Not/Rot at that time - I could not find it via search either. So please humor me.

This company gathers medical records for litigation purposes. I need to take the affidavit they e-mailed me to a particular medical facility to have it signed and notarized by the records clerk. (I then fax the affidavit and ship it back overnight.)

Verbiage in the affidavit says the following: "Attached hereto are _____ films and /or _______ CD-ROMs and _______page(s) of reports."

My issue is that I do not want to return the affidavit MINUS the medical records - especially since the verbiage says that the records are "Attached . . .".

I get that I am just notarizing the signature and not so concerned with the contents. So then should I just IGNORE the verbiage about the attached records, get it signed and notarized and return it as requested??????????

Last time I called Confidential Communications at the signing table and got an ok to leave the signed affidavit with the record clerk who would send it in with the medical records.

Finally, my question is, would you feel comfortable returning the signed affidavit without the medical records attached?????????

Reply by dgd/CA on 11/13/12 7:41pm
Msg #443280

Never... enough said... n/m

Reply by GOLDGIRL/CA on 11/13/12 9:01pm
Msg #443295

???

Karla - it's unclear to me what they are paying you for besides getting the affidavit signed and notarized. Is it also to return other stuff in the envelope? Or is it up to the signer of the affidavit or someone else to return the other "stuff"?

Sounds to me like you gotta call your hiring party and ask them exactly what they expect. Or at least ask the signer of the affidavit what the usual procedure is in this case. The records clerk has probably been through this situation many times before.

As far as the aff goes, the signer is responsible for the content. As a notary you are not responsible for anything more than swearing in the signer, getting the aff signed and notarized. However, you may also be getting paid to include other stuff in the return envelope.... ? Frankly, I'd be surprised if a records clerk turned over patient reports to you. Maybe you're supposed to leave the signed aff and envelope with them to return ...?

Reply by Karla/OR on 11/13/12 11:49pm
Msg #443308

Re: ???

My understanding is that I'm to just get the affid signed and notarized and FedEx back. They said nothing (other than what is in the affid) about returning the medical records with the affid. I DO need to ask the company if I am to include the medical records in the return envelope. I, too, would be surprised if they gave me the medical records to return with the doc.

Still curious though, if the SS does not yet have the docs, and they do NOT want me to leave the affid with the records clerk, am I okay to return the affid without the docs. Is it my responsibility since the affid has the word "Attached" in it????

Will contact the SS tomorrow.

Thanks for your help!!!!!!!!!

Reply by ikando on 11/13/12 9:22pm
Msg #443296

I handle record custodian affidavits for a variety of records companies all the time. Usually the custodian has the documents pulled/copied already. I have handled it either by leaving the signed and notarized affidavit with the signer who then puts everything together to send back to the requesting party (usually a personal or WC attorney's office). Or the requesting party only needs the affidavit because they've already got the requested documents, and it's just a clean up procedure, then I fax and/or mail back the affidavit. I usually charge for time and travel, and that rate depends upon whether I'm going to a hospital record department or a doctor's office (location, hiking through the facility, etc.), or whether the signer is an employee designee or the doctor (doctors often don't have their ID on them, or you have to tap your toes til they're between patients, meaning wait time). The companies I work with either pay by credit card, or a check in less than a week of the job.

Reply by Karla/OR on 11/13/12 11:57pm
Msg #443310

So helpful that you have done these before. Do you ask the SS if you are to leave the affid with the records clerk or do you go by what the records clerk says???

I have done two of these before. The first one was not an issue. The 2nd one appeared to be an issue with the SS because I ?'d not being able to return the medical records with the affid. I ended up leaving the affid with the records clerk.

I just have a hang-up on not attaching the medical records with the returned affid when the affid talks about an "Attachment." Who would be responsible if either the affid or the medical records do not make it back properly??????????????

I will check with the SS in the morning.

Thanks for your helpful info!!!!

Reply by dgd/CA on 11/14/12 9:53am
Msg #443323

Karla, I realize I seemed stern (and much too brief) in my response yesterday, waiting for docs to finish printing and getting ready to rush out the door can do that to you . This morning, I read your thread 2 additional times. I would have the same problem as you... as well as the "number" of attachments. I keep going back to the same word you do, "attached." When I was first commissioned, one of the things that was drilled into me is that we do not complete a Notarial Act when the documentation is incomplete (blank lines either filled in or crossed through, attachments "attached,"etc. My journal must note the total number of pages or items included in or "appurtenant to.") In my opinion, if the number of attachments is not filled in, and/or the attachments are not there, it is not complete. What do you do? Our handbooks only cover so much... not only am I unfamiliar with your laws, I recognize the fact that you have a hiring (third) party that you need to comply with.

Why is it that the simplest of things seem to stymie us the most? I have a vague recall of your original post regarding this matter. If I recall, yes, you left the affidavit with the signer to forward, along with all documents. If the hiring party wants to have you fax the notarized affidavit, perhaps you could do that there and, once again, leave it (praying of course that it is not misplaced). That is what we would do, afterall, if this were GNW call.

You indicated you would be speaking with your hiring party this morning.. I'm hoping you will be able to reach an acceptable compromise that puts your mind at ease and you are able to continue accepting these assignments. I truly wish you luck...

Reply by dgd/CA on 11/14/12 9:55am
Msg #443324

Sorry, I thought I was sending you a pm ... n/m

Reply by Karla/OR on 11/14/12 11:28am
Msg #443333

Donna~ not a problem - I didn't think your response was stern at all - just short and sweet. Thank you for recognizing the issue around the "Attachment" in the affidavit - you are right about the last signing I had with this company - I did end up leaving the affidavit with the records clerk and they mailed it back with the medical records. The SS was concerned that the records clerk would lose the affidavit in all their paperwork. Apparently it turned out fine. But like you mentioned, we are trained not to have blank lines left blank when notarizing docs.

Have not heard from the SS yet today after e-mailing her last evening.

Thanks for your support and info.