Re: Pulling Unrelated Auto and Medical Claims
I've been working on this case mostly without a lawyer
, though I just hired one after figuring out the self insured insurance company is trying to close my claim.
This is exactly why you don't wait until your case is destroyed to hire a lawyer.
they've also pulled unrelated medical history by asserting hippaa does not apply. They also have pulled my entire auto insurance claim history.
Just because you feel it's unrelated, doesn't make it so - they have a right to run a complete background check, including your auto insurance claim history.
They also have a right to your entire medical history for the purpose of managing and adjudicating your claim.
They are correct that HIPPA rules do not apply in Worker Compensation cases.
Sounds like you have a history with the injury you're claiming, otherwise you wouldn't have an issue with this discovery.
Go through and read the sources below, I highlighted a few sections that apply to your case.
What Records Are Relevant?
Workers’ compensation involves more than just the conditions covered on a claim.
The entire medical record may be relevant and necessary to manage a workers’ compensation claim.
Disclosures for Workers' Compensation Purposes
45 CFR 164.512(l)
The HIPAA Privacy Rule does not apply to entities that are either workers’ compensation insurers, workers’ compensation administrative agencies, or employers, except to the extent they may otherwise be covered entities. However, these entities need access to the health information of individuals who are injured on the job or who have a work-related illness to process or adjudicate claims, or to coordinate care under workers’ compensation systems.
HIPAA and L&I
HIPAA Privacy Rule Exceptions and L&I
Authorizations are not needed when patients are covered by workers' compensation
HIPAA exempts workers' compensation programs from the Act’s Privacy Rule authorization requirement (45 CFR § 164.512(l)).
I have to say, I've never heard anyone speak of their past and medical history in these terms - If you think it's that bad, imagine what the carrier thinks.
The amount of personal information here is ridiculous and terrifying
. It doesn't seem normal either.
Sure he has - this is standard procedure, especially if they have reason to believe you're hiding something.
My attorney has never seen this before
Pray that you haven't damaged your case beyond repair by waiting to hire a lawyer.
Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.