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Claims Manager Accessed All Medical Records?
#1
So I just got a copy of my entire file (still injured) and my claims manager pulled all my medical records with a note on the cover letter that read "no signature required HIPPA does not apply"

Really??? That's TERRIFYING my employer now knows every detail about my entire medical history.
 
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#2
There may be some state laws on confidentiality that may apply. But hippa excludes much of a workers medical information especially that which may be related to work restrictions and limitations.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(02-07-2017, 11:18 PM)1171 Wrote: There may be some state laws on confidentiality that may apply. But hippa excludes much of a workers medical information especially that which may be related to work restrictions and limitations.

I see the attempt to get related records as in my state I have to sign off that i give up hippa for related, but only one known provider responded, or, they didn't...there are several key records missing, or doctors replying with vague letters. Makes sense.
 
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#4
What state are you in? In California the employer is not allowed to have access to employees medical records. The adjuster can but not employer, it is my understanding. 1171 What is your opinion on this? On another site a defense attorney stated he keeps employees medical records away from employer (California) and why I thought they were not allowed.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#5
Confidentiality of medical infotmation rules in California limit disclosure to those employer reps that need to know in order to structure and provide a modified work situation. Other med information is restricted. The law does not distinguish between self-insured employers and those with policies. It's difficult to keep the policy holder (employer) from information needed to provide required benefits.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#6
OK thank you.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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