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What are guidelines or rules with regard to release of

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What are guidelines or...

What are guidelines or rules with regard to release of workers comp records that include medical history not related to injury for Massachusetts

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Submitted: 3 months ago.Category: Legal
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3/26/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,447
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

I’m sorry to hear about your situation. The short answer is that your health care professional has a duty not to disclose information regarding your health care that is not related to your worker's compensation claim. If they do, it is a HIPPA violation. You may want to contact your doctor and have them redact the information that is unrelated.

For your information, the Health Insurance Portability and Accountability Act includes a Privacy Rule and is the law that protects people from having their private health care information disclosed without their consent. The Privacy Rule essentially says that “covered entities” (clinics, doctors, dentists, etc.) that are in possession of any health-related information (e.g. tests, medications, diagnosis, etc.) that personally identifies a person (e.g. has their name, address, and SSN, for example) is required to maintain the privacy of that information.

The only exceptions are if the patient authorizes the release of that information, the covered entities are sharing that information to provide for a patient’s care, or if the health information doesn’t personally identify the patient.

If there is a violation, then a person can click here to file a complaint with the Office for Civil Rights (OCR), which is the Department of Health and Human Services’ enforcement arm. Please note that there is no private right to sue for a HIPPA violation; a person must go through OCR to make their complaint.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 2 months ago
Can you send me a link to reference for MA?
Also in mass is there a rule that with workers comp with or without release, the treating provider should provide limited information. Just what is needed to get claim covered etc.
Customer reply replied 2 months ago
how long to get answer?
Lawyer: Legal Eagle, Lawyer replied 2 months ago

Sure. If you click here, you can see what the state of MA has about this. They even say that the best bet is to go with the HIPPA requirements regarding this. I can't find a rule regarding privacy of information and worker's comp specifically; however, the docs are bound by HIPPA regardless of what the state's say because HIPPA is the federal law of the land.

Did you have any other questions for me about this?

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Customer reply replied 2 months ago
can you tell which section says best bet is to go with HIPAA with regards ***** ***** comp?
Lawyer: Legal Eagle, Lawyer replied 2 months ago

Sure. 45 CFR 164.502 is the code section that you need that explains the privacy rule.

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Customer reply replied 2 months ago
can u refer me to best bet section for workers comp
Lawyer: Legal Eagle, Lawyer replied 2 months ago

Sure thing. There's a lot of information, but if you click here, you can see what MA has to say about this.

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Customer reply replied 2 months ago
can u send me specific section I need
Customer reply replied 2 months ago
u still there
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Well, as I mentioned before, the state follows HIPPA guidelines and unfortunately I would not be able to sort through the states laws to find this specifically without you having to pay an hourly fee which is way too expensive.
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Lawyer: Legal Eagle, Lawyer replied 2 months ago
I know it's probably difficult to fully understand, but if you use the HIPPA guidelines I suggested and perhaps sort through MA's laws on your own, then you can find what you need.
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Customer reply replied 2 months ago
how much
Lawyer: Legal Eagle, Lawyer replied 2 months ago
It's about $250 an hour and I wouldn't recommend it to be honest. It may takes several hours and I have reason to believe that if you take advantage of what I sent, you could save yourself thousands.
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Customer reply replied 2 months ago
can u atleast send me something that says state follows federal guidelines for
Customer reply replied 2 months ago
can u at least send piece that states state follows federal guidelines
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Sure. It's under the Supremacy Clause of the Constitution that requires the states follow federal law.https://www.law.cornell.edu/wex/supremacy_clause
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