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Limiting IC access to medical records
#1
Good Morning all..

Can an IW limit the amount of medical info the IC can gain access too? If you sign release form, can you state "only Dr so in so, for year 2011" ? Had prior claim, 10 years ago, same dr., diff ER, diff IC and curious if they need info.
Also, I see other drs for unrelated to injury items. ( general check up, blood pressure, annual physical etc) and feel it is none of their business. They asked name of PCP. Can I state "limited release" or something of that nature? Or tell PCP not to release info?

Thank you..
d
 
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#2
when they went after my medical records I gave them a limited release....stating for any and all injuries to the spine or cervical area.....I didnt believe the histories of my paps or any other exams were their bussiness.
........I love cats, I just cant eat a whole one by myself......







 
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#3
Access to medical records in a Workers Comp claim can sometimes be limited by the laws within that State. Since you didn't indicate the State, a clear answer can't be given.

What Jayne says might have applied to her case, may not necessarily apply to yours.

Certainly, if the IC asks for medical records releases for ALL treating physicians, and you refuse, it could result in a cessation of benefits until the refusal is lifted. As I said, though, it might depend on what the State's WC laws say.

I would venture to guess that the IC would have access to ALL medical records as a matter of law, though. Think about it. If they are assessing an injury to a particular body part, any prior injury to that same body part is more of an aggravation or re-injury, rather than a new injury. I would think that the IC wouldn't bother paying for records that aren't relative to your claim.
DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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#4
State is PA.
 
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#5
(10-07-2011, 09:58 AM)dina Wrote: State is PA.

Workers Comp is not specifically exempted from access to all your medical records by HIPAA regulations. If you refuse to release the information, your benefits will likely be ceased. The IC defense attorney could then ask a judge to compel you to cooperate, or he could subpoena those records for a hearing.

Under Pennsylvania Code Section 164.512(l) “a covered entity may disclose protected health information as authorized by and to the extent necessary to comply with laws relating to workers’ compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault.”


DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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#6
so you are saying they are intitled to know the size of my babies at birth and how many stitiches it took to close me up? How many urine infections I have had? and the type of birth control I have used? I think not.Any and All injuries to the spine and cervical area they could have going back to birth if they wanted to pay for the 52 years of records I had at the Drs office.....but any thing else wasnt any of their business.
........I love cats, I just cant eat a whole one by myself......







 
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#7
(10-10-2011, 11:08 AM)jayne Wrote: so you are saying they are intitled to know the size of my babies at birth and how many stitiches it took to close me up? How many urine infections I have had? and the type of birth control I have used? I think not.Any and All injuries to the spine and cervical area they could have going back to birth if they wanted to pay for the 52 years of records I had at the Drs office.....but any thing else wasnt any of their business.

LOL - Jayne, don't take everything so literally. YES, by law they would be entitled to it, but realistically, they aren't the least bit interested in any medical records that won't have at least some bearing on the current medical issues.

The only medical records they would be concerned about are those that might be related to treatment you received that they can "attach" to the work injury.

The law is written loosely for a reason. Consider it the letter of the law, not the spirit of the law.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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#8
By law they didnt want to pay for it LOL there were 52 years of medical records because of drug alergies I keep ALL my medical records and I mean all of them......computers have made it a whole lot easier on me to keep them together and those handy little thumb thingys my daughter downloaded the discs into that I can carry in my purse now thats awesome.....but all kidding aside WC has alot of tail holes trying to scam them but they have to find a better way to skim those people off... to many good people lose every thing they have worked for all their lives while waiting for WC to see if they have a faker on the line or not.It just isnt fair even a person who has killed someone is intitled to a speedy trial...so should a injured worker at least to see if they are intitled to benifits or not.
........I love cats, I just cant eat a whole one by myself......







 
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#9
(10-10-2011, 02:36 PM)jayne Wrote: By law they didnt want to pay for it LOL there were 52 years of medical records because of drug alergies I keep ALL my medical records and I mean all of them......computers have made it a whole lot easier on me to keep them together and those handy little thumb thingys my daughter downloaded the discs into that I can carry in my purse now thats awesome.....but all kidding aside WC has alot of tail holes trying to scam them but they have to find a better way to skim those people off... to many good people lose every thing they have worked for all their lives while waiting for WC to see if they have a faker on the line or not.It just isnt fair even a person who has killed someone is intitled to a speedy trial...so should a injured worker at least to see if they are intitled to benifits or not.

There is nothing you've said here that I could disagree with.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
 
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#10
(10-10-2011, 05:09 PM)LeglEgl Wrote: [quote='jayne' pid='139227' dateline='1318271761']
By law they didnt want to pay for it LOL there were 52 years of medical records because of drug alergies I keep ALL my medical records and I mean all of them......computers have made it a whole lot easier on me to keep them together and those handy little thumb thingys my daughter downloaded the discs into that I can carry in my purse now thats awesome.....but all kidding aside WC has alot of tail holes trying to scam them but they have to find a better way to skim those people off... to many good people lose every thing they have worked for all their lives while waiting for WC to see if they have a faker on the line or not.It just isnt fair even a person who has killed someone is intitled to a speedy trial...so should a injured worker at least to see if they are intitled to benifits or not.

There is nothing you've said here that I could disagree with.


In my case I found out they had requested ALL of my previous medical records. My jaw dropped when I saw all of the records they had collected. They have cd's containing copies of my mamograms for the last several years, had documents in my file that showed when I had a urinary tract infection and even when I had bronchitis several years ago. I understand they want to know if I had previous injuries but damn, come on!
Tongue I am in NM
 
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