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  1. #1
    Join Date
    May 2009

    Default Releasing Medical Records Mold/Asthma

    My workers compensation claim was made in the State of: KY

    I just received a request fr work comp that I sign a release of information for ALL MEDICAL RECORDS!

    The only exclusions their form allows for is:
    *drug/alcohol abuse/treatment & diagnoses,
    *HIV/AIDS diagnoses/treatment/testing
    *Mental Illness/psychiatric diagnoses/treatment

    This really irritates me because I've had my primary care physician for years. I don't want work comp to have everything (except for those few exclusions.)

    I'm not denying or trying to hide the fact that I've had breathing issues for a long time but I don't think they need to know when I was seen for an ear infection, foot problems, UTI, IBS, or anything else.

    Would it not be okay for me to send my own letter (HIPAA compliant release) allowing for records to be disclosed relating to these specific dates of service & breathing issues ONLY?

    Or could I send the reports to the work comp myself?

    What are my options here? Any ideas on how to find more info on this matter?

    Last edited by wheezy; 05-29-2009 at 04:52 PM. Reason: more appropriate title

  2. #2
    Join Date
    Mar 2009

    Default Re: Releasing Medical Records Mold/Asthma

    I ran into this myself. What I did was sign it, but wrote in large letters above my name. "release any and all records that have to do with injury on (date) ONLY"!. I was never questioned about this, but I also told every doctor I had that NOTHING is to be released other than my injury info. They all told me that even without my telling them they wouldn't. I had no problems. My med. history was none of their busy, and I made it clear, from the jump. Good Luck

  3. #3
    Join Date
    Feb 2007

    Default Re: Releasing Medical Records Mold/Asthma

    Generally in WC there is an exclusion to your rights under HIPAA.

    The ER/IC is entitled to your medical history as they have right to know IF there are other/non-industrial factors that may be casue of any PD you may suffer. The ER/IC is only liable for the amount of PD directly due to THIS injury.

    It is called 'apportionment to cause'. If you refuse to co-operate with the request, you could see a judge order you to compel, and/or see your benefits adversely affected until you do.

    Under HIPAA’s Privacy Rule, the Workers' Compensation Board, workers' compensation carriers and employers are not covered entities and therefore may continue to use medical information concerning claimants in their customary manner.

    If you are a “covered entity,” such as a health care provider, the Privacy Rule specifically exempts health information that is required as part of a lawful process, including a workers' compensation proceeding, from HIPAA restrictions concerning use and disclosure of protected health information. Therefore, health care providers may continue to provide the Board and carriers with reports of treatment (C-4s) and health care providers may continue to testify at hearings and depositions.

  4. #4
    Join Date
    May 2009

    Default Re: Releasing Medical Records Mold/Asthma

    ~If I were to sign this form, instead of the one provided by the work comp carrier, do you, in your experienced opinion, think my claim would be adversely affected??

    FORM 106
    657 Chamberlin Avenue
    FRANKFORT, KY 40601
    I, _________________________________________ having filed a claim for workers’ compensation benefits, do hereby waive any physician-patient, psychiatristpatient,
    or chiropractor-patient privilege I may have and hereby authorize any health care provider to furnish to myself, my attorney, my employer, its workers
    compensation carrier or its agent, the Division of Workers’ Compensation Funds, the Uninsured Employers’ Fund, or Administrative Law Judge any information or
    written material reasonably related to my work-related injury occurring on or about _______________ any medical information relevant to the claim including past
    history of complaints of, or treatment of, a condition similar to that presented in this claim or other conditions related to the same body part.
    Such information is being disclosed to the purpose of facilitating my claim for Kentucky workers’ compensation benefits.
    I understand I have the right to revoke this authorization in writing at any time, by sending written notification to each individual health care provider, but such
    revocation will not have any affect on actions taken prior to revocation. Moreover, inasmuch as KRS 342.020(8) requires a medical waiver to be executed, revocation
    may result in suspension or delay of the workers’ compensation claim.
    I understand that no medical provider may condition treatment or payment on whether I sign this medical waiver; however, I further understand that failure to sign this
    medical waiver may result in suspension or delay of the workers’ compensation claim.
    I understand that the information used or disclosed pursuant to this medical waiver may be subject to re-disclosure by the recipient.
    This authorization shall remain valid for 180 days following its execution. A photocopy of the authorization may be accepted in lieu of the original.
    The authorization includes, but is not restricted to, a right to review and obtain all copies of all records, x-rays, x-ray reports, medical charts, prescriptions, diagnoses,
    opinions and courses of treatment.
    Signed at ____________________________________, Kentucky, this ________ day of __________________, 20______.
    Signature of Patient Or Personal Representative
    Social Security Number: ____________________
    Witness Signature
    Description Of Personal Representative’s Authority
    On April 14, 2003, the federal Health Insurance Portability and Accountability Act [HIPAA] privacy regulation will take effect. This regulation limits the
    situations in which medical providers may release patient information, unless the information is necessary for the purpose of treatment, payment, or health care
    operations. Moreover, it is important to note that disclosures for workers’ compensation are in most instances exempt from HIPAA privacy requirements. The exact
    wording is as follows: “A covered entity may disclose protected health information as authorized by and to the extent necessary to comply with laws relating to
    workers’ compensation…”
    Since HIPAA defers to state law regarding disclosures relating to workers’ compensation, it is important for claimants and medical providers to know what
    Kentucky law requires for disclosure of patient information. An employee who reports a work injury or who files for workers compensation benefits must “execute a
    waiver and consent of any physician-patient, psychiatrist-patient, or chiropractor-patient privilege with respect to any condition or complaint reasonably related to the
    condition for which the employee claims compensation
    .” KRS 342.020 (8). The reverse side of this Form 106 is the waiver and consent that each employee must sign.
    Kentucky law further states that once this Form 106 is signed, any health care provider “shall, within a reasonable time after written request by the employee, employer,
    workers’ compensation insurer [or its agent or assignee], special fund, uninsured employers fund, or the administrative law judge, provide the requesting party with any
    information or written material reasonably related to any injury or disease for which the employee claims compensation.”
    Once the Form 106 is signed, health care providers may disclose information as set out in Kentucky law. Another section of the regulation allows release of
    information pursuant to an administrative or judicial order or subpoena, provided that there has been a reasonable effort to notify the injured worker [or his attorney]
    that such a request has been made. Should there be questions regarding disclosures pursuant to this form, appropriate legal counsel should be consulted or you can
    contact the Office of Workers’ Claims at 800 554-8601.

  5. #5
    Join Date
    Feb 2007

    Default Re: Releasing Medical Records Mold/Asthma

    I'm not sure what your concerns are here... the state form provides for pretty much all of your medical records... I would imagine the IC form is similar in nature.

    As I said, the ER/IC is ONLY liable for the PD directly attributable to THIS injury/illness... IF there are other factors contributing to your PD, they will be subject to apportionment to cause...of the PD.

    The ER/IC is entitled to your medical records/history...

    Any time you are viewed as uncooperative in the administration of benefits to your injury/claim, you are likely to see an adverse affect on the provision of those benefits.

    So, you can fool around all you long as you are willing to see this issue litigated in a hearing...and your benefits potentially delayed/stopped until you comply.
    As I said, HIPAA rules are exempt from the WC system.

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