HIPPA Law

[melody_jette]

What is the name of your state? Oregon

I was injured five years ago by a student. Workman's Comp. paid for part of t he injury, but left me in a position where I wasn't diagnosed completely. I have been left with hypertonicity of my left arm and hand, and have very little mobility because of this on my left side. I have been trying to reopen my case and sought help through Kaiser. Although most of my care through them has been good, I was required to see the Occupational Health doctor. I saw him for approximately 5 minutes at which time he said that he would file the appropriate paperwork. So that the risk management company for my employer could receive my medical records, I did sign a consent to exchange records between Kaiser and their company. After receiving a denial on my claim, I decided to look at my Kaiser records. I was very surprised to see that the Occupational Health dr. I had seen for 5 minutes, spoke with an attorney for the workman's comp. company for 40 minutes! I was also surprised to find that Kaiser had shared with the workman's comp. company that I had tried an anti-depressant for a two month period many years ago. I did not sign for any mental health records to be shared. I also did not sign for "conversations" between an attorney and a dr. from Kaiser....simply "records." I believe that this is a breach of HIPPA. Can anyone help me with this information?

 

[mlane58]

What is the name of your state? Oregon

I was injured five years ago by a student. Workman's Comp. paid for part of t he injury, but left me in a position where I wasn't diagnosed completely. I have been left with hypertonicity of my left arm and hand, and have very little mobility because of this on my left side. I have been trying to reopen my case and sought help through Kaiser. Although most of my care through them has been good, I was required to see the Occupational Health doctor. I saw him for approximately 5 minutes at which time he said that he would file the appropriate paperwork. So that the risk management company for my employer could receive my medical records, I did sign a consent to exchange records between Kaiser and their company. After receiving a denial on my claim, I decided to look at my Kaiser records. I was very surprised to see that the Occupational Health dr. I had seen for 5 minutes, spoke with an attorney for the workman's comp. company for 40 minutes! I was also surprised to find that Kaiser had shared with the workman's comp. company that I had tried an anti-depressant for a two month period many years ago. I did not sign for any mental health records to be shared. I also did not sign for "conversations" between an attorney and a dr. from Kaiser....simply "records." I believe that this is a breach of HIPPA. Can anyone help me with this information?

Not hardley. HIPAA doesn't apply when it comes to Workers Comp. Employers and Insurance carriers have every right to any information that might be viable to the claim at hamd

 

[longsally111]

nope

What is the name of your state? Oregon

I was injured five years ago by a student. Workman's Comp. paid for part of t he injury, but left me in a position where I wasn't diagnosed completely. I have been left with hypertonicity of my left arm and hand, and have very little mobility because of this on my left side. I have been trying to reopen my case and sought help through Kaiser. Although most of my care through them has been good, I was required to see the Occupational Health doctor. Ok so far
I saw him for approximately 5 minutes at which time he said that he would file the appropriate paperwork. So that the risk management company for my employer could receive my medical records, I did sign a consent to exchange records between Kaiser and their company. Ok so far
After receiving a denial on my claim, I decided to look at my Kaiser records. I was very surprised to see that the Occupational Health dr. I had seen for 5 minutes, spoke with an attorney for the workman's comp. company for 40 minutes! Was that in his dictation? How long the conversation lasted?
I was also surprised to find that Kaiser had shared with the workman's comp. company that I had tried an anti-depressant for a two month period many years ago. I did not sign for any mental health records to be shared. This is part of your health record and you did sign a release. Unless it was worded specifically that No mental health records were to be shared, it is all shared.
I also did not sign for "conversations" between an attorney and a dr. from Kaiser....simply "records." The dr might not have understood something or needed to clarify in order to do his job.
I believe that this is a breach of HIPPA. Can anyone help me with this information?[/QUOTE]

This is not a breach of Hippa, you signed a general release of info and it was shared and discussed between 2 doctors. I know that it did not turn out the way you had hoped but it doesnt make it illegal.

 

[melody_jette]

Thank you for the information

Thank you for your response. I wasn't concerned that the information was shared between two drs., but between a dr. and a lawyer for the workman's comp. company. Yes, the notes say that there was a 40 min. conversation, however it only lists one sentence about what was shared. The dr. didn't call the lawyer, the lawyer called the dr. (they made an appointment.) I also saw where the lawyer called another one of my drs. (one who actually saw me for two appointments in which he did testing and saw me for a longer period of time.) He was able to say what he needed to in 10 min. (also listed in the medical dictation.) It makes me wonder what was said in the first drs conversation. And yes, the release I signed did specifically have an area in which you needed to initial for mental health information to be shared.

However, it is my understanding now that HIPPA does not apply to workman's comp., because it is "the state" and they are allowed any records even without a release. I think that this is pretty scary.

 

[ecmst12]

WC needs your records in order to evaluate your claim, you are the one who FILED the claim, therefore it is a legal reason to release the records.

 

[lealea1005]

Sorry...just a pet peeve....it's HIPAA: Health Insurance Portability and Accountability Act.

 

[VeronicaLodge]

haha i have that same peeve, i was just sitting here being quiet