HIPAA Provisions
Under Texas Health and Safety Code, Sec. 181.154 - HB 300, effective September 1, 2012 - Because Law Offices of Steven C Benke P.C. gathers, stores, and electronically transmits medical records (Protected Health Information - PHI) in the course of our representation of our clients, we are required to post a notice to clients that their protected health information is subject to electronic disclosure. Texas and Federal Law prohibits any electronic disclosure of a client's protected health information to any person without a separate authorization from the client or the client's legally authorized representative for each disclosure. This authorization for disclosure may be made in written or electronic form or in oral form if it is documented in writing by our law firm. The authorization for electronic disclosure of protected health information described above is not required if the disclosure is made: to another covered entity, as that term is defined by Section 181.001, or to a covered entity, as that term is defined by Section 602.001, Insurance Code, for the purpose of: treatment; payment; health care operations; performing an insurance or health maintenance organization function described by Section 602.053, Insurance Code; or as otherwise authorized or required by state or federal law. In other words, no further release is necessary for electronic disclosure to other health care providers, insurance companies, governmental agencies, or defense lawyers representing adverse parties.
Refund Policy
In order to retain the services of any attorney employed by the Law Office of Steven C. Benke, a potential client must enter into a fee agreement (Law Office Contract and Exhibit A). The fee agreement constitutes the complete understanding between the parties regarding payment of legal fees and expenses, including refunds.
In the event that a client retains the Law Office and subsequently decides to terminate representation prior to completion of the case, a refund of any unearned attorney fees and costs, if applicable, shall be provided in accordance with the fee agreement.
In the event that a potential client makes a payment before formally retaining our services and the Law Office subsequently declines representation, the payment will be refunded less the reasonable value of time expended and expenses incurred.
Time expended by the Attorney for the initial consultation and any subsequent work performed—including but not limited to document preparation, telephone calls, court appearances, depositions, motion/hearing/trial preparation, research, travel to court, and time expended to close the case at the client’s request—shall be billed at the hourly rate specified in the retainer agreement.
Time expended by the Paralegal for the initial consultation and any subsequent work performed—including but not limited to document preparation, telephone calls, file maintenance, meetings with the client, and time expended to close the case at the client’s request—shall be billed at the hourly rate specified in the contract.
If a payment is made in error or for an incorrect amount, the client must notify the Law Office immediately.
All refund requests must be made in writing and must be received by the Law Office within thirty (30) days of the original payment date. Any refund request received more than thirty (30) days after the payment date shall be deemed waived and void.
All written refund requests must be delivered by mail or hand delivery to:
2941 Mossrock, Suite 100
San Antonio, Texas 78230
The Law Office of Steven C. Benke processes only written refund requests. Upon receipt of a written request, the firm will review the client’s physical file, electronic file, and billing records. Refund processing requires a minimum of thirty (30) days from the date the written request is received. After review, the firm will provide a written response granting, denying, or requesting additional information regarding the request. The determination remains within the discretion of the Law Office, subject to the terms of the fee agreement and applicable law.
All approved refunds will be issued by the same method of payment originally used by the client. No cash refunds will be issued under any circumstances.
If you have any additional questions regarding this policy, please contact our office in writing.