The HIPAA text states that records created for the purposes of a workers compensation evaluation or report are exempt from the requirements. Does that mean that any records from any doctor are exempt from HIPAA rules once the Work Comp case is filed?
No. Only records created for the specific purpose of an evaluation during the WC case are excluded. Records that were created before the WC case, such as the applicant’s complete medical background still fall under the HIPAA rules. And being excluded from HIPAA rules doesn’t really matter because no doctor is going to release ANY records without some sort of signed Authorization or Subpoena. If you are going to use an Auth it really should be HIPAA compliant.
Related Questions
- The HIPAA text states that records created for the purposes of a workers compensation evaluation or report are exempt from the requirements. Does that mean that any records from any doctor are exempt from HIPAA rules once the Work Comp case is filed?
- Who is responsible for providing injury reports and medical records to Workers Compensation Department?
- What other HIPAA or Minnesota requirements might affect the workers compensation system?
