A client asked a good question about HIPAA laws and their doctor disclosing medical information about their claim. Basically HIPAA says that you have to consent to a release of your medical information. The client was upset that his managers could potentially see his medical records.
While medical records in work injury cases are typically seen by only the insurance adjuster, it’s a valid concern. The problem is that if you want to pursue an Illinois workers’ compensation claim, you have to consent to your employer having access to your medical records. It makes sense as how else would they know if you are really hurt and how can someone pay a bill if they don’t know what it’s for.
The problem to look out for is when the insurance adjuster or anyone else wants to talk to the doctor about your care. That is against both HIPAA and the Illinois Workers’ Compensation Act. Too often we’ve seen this interference result in our clients not getting the treatment that they need. Stopping it is often the first thing that we do.
We are certainly not HIPAA experts, but it can argued that while your employer does have a right to your medical records that relate to your claim, they don’t have a right to records related to other problems. This is up for debate as no one can agree who is the best judge of that and it has been rarely tested.
Finally, if you have a HIPAA violation, the right thing to do is complain to the Department of Health. There is no right to sue over these violations although the Government can fine a provider up to $250,000.
We are workers’ compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
