7.0 of this article can be downloaded to your hard drive. A comprehensive medical records privacy bill introduced in the Senate in April has raised concerns about the implications for worker's compensation.
Patients expect physicians to maintain private information in a confidential and dignified manner.
However, in worker's compensation cases, physicians are justified, if not obligated, to reveal patient information. Individuals personally must authorize the disclosure of identifiable health data and would have the right to access and amend medical records. The bill creates tough new criminal and civil sanctions for wrongful disclosure of protected health information. AIA is concerned whether privacy regulations that require authorizations for obtaining medical information could effectively preclude insurers from making timely benefit payment determinations, as required by state law. For this reason, it is imperative for the insurer to have unimpeded access to medical information to evaluate the merits of the claim and manage medical treatment in order to ensure an expeditious recovery and return to work, and protect against fraud.