Medical Records Law in Workers' Compensation Claims: Know What You Can Release
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Gain an understanding of HIPAA regulations for releases of medical records in workers' compensation cases.Workers' compensation is a completely different subset of law from labor and employment law. Many employers and even attorneys may not understand all of the nuances associated with what the employer's rights and/or responsibilities are regarding workers' compensation medical records in their particular state. This topic will provide information regarding the HIPAA exception to workers' compensation medical records and the entitlement to those records. This information will explain the use of medical records with medical experts and discuss issues with the GINA disclaimer. This topic is important to employers throughout the country as laws, practices, and policies can vary from state to state.
AuthorsJohn C. Ferrell, Steptoe & Johnson PLLC Nelva J. Smith, Esq., Steptoe & Johnson PLLC William J. Wahoff, Esq., Steptoe & Johnson PLLC
The HIPAA Exception
• Limits and Parameters of This Exception in the Workers' Compensation Field
• Examining Current State Statutes and Case Law Applying This Exception
Generally, the Types of Employer Rights Afforded Under the Workers' Compensation Law for Medical Records in Various States
• The Different Types of Employer Rights Throughout the States
The Use of Medical Records With Medical Experts Upon Review and/or Examination by the Expert
• How to Write Letters to Your Medical Experts
• The Use and Reasons for the GINA Disclaimer in Seeking and Utilizing Medical Records
In Insurance States - Who Owns the Workers' Compensation File?
• Based Upon the State Workers' Compensation Set up, Who Has a Right to View the Workers' Compensation File?
• Contract Provisions Between the Insurer and Employer That Create a Different Result in the Ability to See the File