Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Hello, and welcome to Just Answers. The Florida Statutes dealing with Worker's Compensation are at Title XXXI Chapter 440. Specifically, 440.13(5) deals with Independent Medical Exams. I presume this is the type of doctor exam you are referring to, where a doctor other than the doctor who has been treating you is going to exam you to verify that your injury qualifies for continuing coverage. No where in the statute does the worker's comp case manager have a right to be present at that exam.
(5) INDEPENDENT MEDICAL EXAMINATIONS.—
He does not have that right, but the law that applies is federal, not state. While it is true that in order to receive workers compensation benefits, patients are forced to waive certain privacy rights they would otherwise have with respect to healthcare (for example, allowing the worker's comp people access to your medical records), these are spelled out in the workers compensation Chapter 440. All the privacy rights that you have to waive are enumerated, and no where does it state that you have to allow your case manager to witness your visit to the doctor. In fact, the doctor may refuse to examine you if anyone else other than your spouse is in the room.
The federal law that applies is the Healthcare Information Portability and Accountability Act (HIPAA). Any privacy rights not specifically waived under the Florida workers compensation statute remain in place.
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