There are many things in life that we’d like to keep private, and for many, that includes their medical records. At a minimum, you only want your health records shared with a select few that you grant permission to, but how does a workers’ compensation claim impact your ability to keep your medical records private?
Your employer and their insurance company are going to need some access in order to verify the legitimacy of your injury claim, but that also doesn’t mean that they have free reign to any and all medical records. So what does their access look like, and can your employer reach out to your doctor to discuss your injuries or treatment plan? In today’s blog, we explain whether or not your employer can contact your doctor after a work injury.
Can My Boss Call My Doc?
As is the case with many questions in the world of workers’ compensation, the answer to the question at the heart of this blog is, “it depends.” There’s no straightforward answer that can be applied every single time, so we’re going to walk through some scenarios to help spell out when your employer may be able to connect with your doctor about your work injury and medical history.
First and foremost, your employer can reach out to your doctor or your care team if you give them permission to do so. Talk with your lawyer before granting permission to your employer to speak with your doctor, but if they feel like it is appropriate, you can give them permission to do so. You’ll want to contact your doctor’s office and inform them that you are giving permission for them to share specific information about your medical history. Let them know exactly who they are authorized to share their information with, as they need to comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), meaning they can’t just share your medical records without your express permission.
Secondly, your employer is within their rights to reach out to your doctor to confirm the legitimacy of a medical note. If you present your employer with medical information or a doctor’s note that says you cannot lift more than 10 pounds, your employer can reach out to the doctor’s office to confirm that this is legitimate documentation from their office. They cannot ask for specifics about why a diagnosis was made or if there are alternative treatments available, but they can call to confirm the authenticity of medical documentation.
There are some other instances where your employer or their insurance company may call your doctor without your authorization, like for compliance or payment needs. However, without your authorization, their access to your medical records is quite limited. They can verify the legitimacy of a medical note or confirm that you attended an appointment on a specific day as noted on an injury report, and even in these instances, any information is limited to the specific work-related incident. They cannot access your complete medical records. HIPAA regulations state that healthcare facilities are required to only share the minimum medical information necessary to accomplish tasks related to a workers’ compensation request, so they are expected to safeguard your medical history absent your authorization.
If you believe that your employer is trying to illegally obtain your medical records, or the medical office is providing more information than they are legally allowed to, connect with a workers’ compensation lawyer. Your rights deserve protecting, and we can ensure that your employer, your doctor and the insurance company don’t violate your rights. For more information, or for help with a different aspect of your injury claim, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.
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