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My wife was medically retired after a workers compensation…

My wife was medically retired...
My wife was medically retired after a workers compensation injury. We worked for a department of a county. The county is self insured for WC and has designated a county department as custodian of records for all WC medical records. The same county department that was identified as custodian of records also performs adjusting and claims management.
My wife was medically retired in June 2015. The treating doctors continue to send the medical work status email to the county department she worked for in addition to the custodian of WC records. We have told the medical provider to stop sending the updates as she is no longer employed by the department. They have refused as a matter of past practice and agreements.
I pulled the county contract with the medical provider and it specifically states the medical provider is only to send information to the County as defined in the contract. No where does it state they are to send a second notification to the department. As a matter of fact the contract goes on to state third party dissemination is not to be done without written prior consent.
I December 2016 we also learned the department has been compiling a secret medical file for every injured employee they consider to be part of the employee master employee file.
I understand the exemptions for WC and employers, but the county is the employer for all intense and purposes and have designated a department within the county that handles risk management to be custodian of WC records not the individual employing departments. Additionally continuously compiling records for former employees.
The department has a liason back to work person who makes contact with the medical providers and requires those contracted doctors to send the information in addition to the identified entity within the county. We have been fighting this for some time but the newly identified medical file without anyones knowledge is appalling and it is not complete , nor accurate nor authorized by any employee as the employees sign releases to WC risk management
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Answered in 15 minutes by:
5/13/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,210
Experience: 20+ Years of Employment Law Experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the doctor is violating the agreement knowingly and the contract says what you said, then you need to file the complaint with the US Department of Health and Human Services for violation of HIPAA. Furthermore, these allegations are basis for a suit against the doctor and the city for breach of the duty of confidentiality of medical records and to seek damages in court for his violation sending the information to anywhere other than the proper office. In addition, you need to take this proof to the news media, because such a flagrant violation of the contract and the law would be of interest to them I am sure.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,210
Experience: 20+ Years of Employment Law Experience
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Customer reply replied 1 year ago
Thank You.

Thank you.

What this appears to be is a violation of clause 7 of the agreement so it would be a breach of confidentiality as well as a HIPAA violation.

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Customer reply replied 1 year ago
My thinking too. Thank You

Best wishes.

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