Frequently Asked Questions About HIPAA & Workers' Compensation
- 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 Summary of the HIPAA Privacy Rule.
- 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 See Summary of the HIPAA Privacy Rule. A covered entity would be permitted to make the above disclosure if the individual signed such an authorization.
- 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 Summary of the HIPAA Privacy Rule.
- 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 See Summary of the HIPAA Privacy Rule. 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 Summary of the HIPAA Privacy Rule.
- Have additional questions about HIPAA & Worker's Compensation?
Email us at Answer My Question.
Equal Opportunity Employer/Program | Auxiliary aids and services are available upon request to individuals with disabilities. This page was last updated on October 22, 2009.
