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Workers Compensation Disclosures
  
  
  
      322-Won't the minimum necessary standard impede obtaining the information needed to pay injured or ill workers
    No. The Privacy Rule is not intended to impede the flow of health information to those who need it to process or adjudicate claims, or coordinate care, for injured or ill workers under workers’ compensation systems.
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      323-Does an individual have a right to restrict the information health care provider discloses for workers' compensation
    Individuals do not have a right under the Privacy Rule at 45 CFR 164.522(a) to request that a covered entity restrict a disclosure of protected health information about them for workers’ compensation purposes when that disclosure is required by law or authorized by, and necessary to comply with, a workers’ compensation or similar law.
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      324-Does HIPAA permit a health care provider to disclose an injured or ill worker's protected health information
    Privacy of Health Information/HIPAA Workers' Compensation Disclosures
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      326-My state law says I may disclose records am I allowed to share this information under HIPAA
    A covered entity is permitted to disclose an individual’s protected health information as necessary to comply with and to the full extent authorized by workers’ compensation law.
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      327-My state law says I may provide information regarding an injured workers' previous condition am I permitted to make this disclosure under HIPAA
    A covered entity may disclose protected health information where the individual’s written authorization has been obtained, consistent with the Privacy Rule’s requirements at 45 CFR 164.508.
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