HIPAA COMPLIANCE AND WORKERS COMPENSATION
Due to numerous questions concerning the obtaining of medical
records and the privacy regulations of HIPAA that went into effect on April 14, 2003,
I want to point out that HIPAA provides an exception for workers compensation.
Standard Disclosure for Workers Compensation. A covered entity may disclose protected by
health information as authorized by and to the extent necessary to comply with the laws
related to workers compensation or other similar programs established by law that provide
benefits for work-related injuries or illnesses without regard to fault.
Provides that when an employee has submitted a claim for workers compensation benefits or
is receiving payment of weekly income benefits or the employer has paid any medical
expenses, that employee shall be deemed to have waived any privilege
or confidentiality concerning any communications related to the claim or history or
treatment of injury arising from the incident that the employee has had with any physicians,
including, but not limited to, communications with psychiatrists or psychologists.
Notwithstanding any other provision of law to the contrary, when requested by the employer
any physician who has examined, treated, or tested the employee or consulted about the
employee shall provide within a reasonable time and for a reasonable charge all information
and records related to the examination, treatment, testing, or consultation concerning the
employee. Therefore, for disclosure of medical records pursuant to most states
workers compensation law which states that employers are entitled to medical records if
employee files a claim or is receiving income or medical benefits, a covered entity is
permitted to disclose an individual's health information related to the claim.
Since a medical release form provided by the State Board of Workers Compensation, the
Rules Committee is in the process of amending the form to add HIPAA compliant language.
Resource Box:
Workers Compensation Law is dedicated to assisting others by providing information,
links, Google Search. and provides a verity of articles, we also except
articles.
If you have any articles that you would like to post. send your article along with your contact
information.
TO: L. Pena
I am looking for articles on Workers Comp Law, personal injury Law, Health and fitness issues and others.
Please link to: worker-comp-law.com from your own website.
http://www.worker-comp-law.com Workers Compensation Law - information to help you understand your rights | obligations:
http://www.worker-comp-law.com
|
