FAQs - Workers' Compensation

Frequently Asked Questions About HIPAA & Workers' Compensation

  1. State law says I may disclose records, relating to the treatment I provided to an injured worker, to a workers' compensation insurer for purposes of determining the amount of or entitlement to payment under the workers' compensation system. Am I allowed to share this information under the HIPAA Privacy Rule?
  2. State law says I may provide information regarding an injured workers' previous condition, which is not directly related to the claim for compensation, to an employer or insurer if I obtain the workers' written release. Am I permitted to make this disclosure under the HIPAA Privacy Rule?
  3. I am a health care provider and my State law says I have to provide a workers' compensation insurer, upon request, with an injured workers' records that related to treatment or hospitalization for which compensation is being sought. Am I permitted to disclose the information?
  4. Does an individual have a right under the HIPAA Privacy Rule to restrict the protected health information his or her health care provider discloses for workers' compensation purposes?
  5. Have additional questions about HIPAA & Worker's Compensation?

  1. State law says I may disclose records, relating to the treatment I provided to an injured worker, to a workers' compensation insurer for purposes of determining the amount of or entitlement to payment under the workers' compensation system. Am I allowed to share this information under the HIPAA Privacy Rule?

    Yes. A covered entity is permitted to disclose an individual's health information as necessary to comply with and to the full extent authorized by workers' compensation law. See 45 CFR 164.512(a).

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  2. State law says I may provide information regarding an injured workers' previous condition, which is not directly related to the claim for compensation, to an employer or insurer if I obtain the workers' written release. Am I permitted to make this disclosure under the HIPAA Privacy Rule?

    Yes.  A covered entity may disclose protected health information where the individual's written authorization has been obtained, consistent with the Privacy Rule's requirements at 45 CFR 164.508.   A covered entity would be permitted to make the above disclosure if the individual signed such an authorization.

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  3. I am a health care provider and my State law says I have to provide a workers' compensation insurer, upon request, with an injured workers' records that related to treatment or hospitalization for which compensation is being sought. Am I permitted to disclose the information?

    Yes. The HIPAA Privacy Rule permits a covered entity to disclose protected health information as necessary to comply with State law.  See 45 CFR 164.512(a). and 164.502(b) (2) (iv).

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  4. Does an individual have a right under the HIPAA Privacy Rule to restrict the protected health information his or her health care provider discloses for workers' compensation purposes?

    No.  Individuals do not have a right under the Privacy Rule at 45 CFR 164.512(a). to request that a covered entity restrict a disclosure of protected health information about them for workers' compensation purposes if the disclosure is required or authorized by a workers' compensation law. See 45 CFR 164.522(a).

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  5. Have additional questions about HIPAA & Worker's Compensation?

    Email us at Answer My Question.

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This page was last updated on March 28, 2007.