Requesting medical records

ladyzuesse

W/C hearing coming up - my boss is going through the employee's file (including medical) and notes that we don't have a complete medical file on this employee from the dr's office. We have dr's transcriptions relating to the injury which come attached to the bill. (which is what we are supposed to have)

I have told him that attorney representing us is planning to subpoena the medical records. He wants me to call the dr. and get a copy for our files. I am of the opinion that us calling to get a copy of his medical file could open a privacy issue (another suit) without the subpoena. Employee is represented by counsel. My boss (no HR background) wants me to call anyway.

Advice?

Tammy Colson

SMace

I don't see a grounds for a lawsuit for requesting WC records. WC records do not fall under HIPPA and you have every right to have them for your files. Your paying for the injury. Once you get them make sure the files remain confidential and only viewed by those who noeed to know.

ssims

Not sure what your state WC statue allows, but as you are paying the bills (through the carrier or self-insured), you should have a right to the records. HIPPA excludes WC, so that is not an issue. Perhaps there is an issue with your state statue since your attorney feels he has to subpoena the records. In MO we have a right to them and insist they come to us first and we send to the carrier, that way we can retaint he approval of all treatment and track expenses. What about asking your employee to sign a release to acquire the records?
Good Luck

sonny

I read Tammy's question differently. .as if they HAVE all the WC records, they now want his general "everything else" record..I could be all wrong tho.

SMace

Now that I read it again, I think you read it correctly Sonny. I would leave that information gathering to the attorney. Why does your boss want it?

Cotterwood

Tammy,

Since you are already in the middle of litigation, let your attorney handle the 'records gathering'. In CA you can only review records pertaining to the WC injury. In other words, you can't put out to the 'public' things like the employee had a face lift in 1996, and a tummy tuck in 1997, and a tonsilectomy in 1984 - these are included in PHI. Your boss will get to see the info gathered by the attorney. At this point, it's best left up to your attorney.
Also, in CA if there is a question about an injury, our carrier requests
a release from the employee to see the last 10 years of medical history. If the employee refuses - he/she is told future benefits will be denied. Now the ee has the option of getting an attorney - which yours apparently did - then the records are legally retrieved by the carrier's attorney - such as yours is doing. Your attorney is getting paid good money - let him do his job.