The physician-patient privilege does not apply to such Award disclosures. § 97-92(b), records that are not “Awards,” as issued by the Industrial Commission, are not deemed public records.Īs such, personal medical information, records, and the supporting treatment history documents, are protected against public disclosure.Īwards of the Industrial Commission are public records under the Workers’ Compensation Act. Plaintiff appeals to the NC Court of Appeals, arguing Constitutional Privacy Protections. The Industrial Commission refuses to “seal” the record, further authorizing the information in the file be accessed publicly through a website “query.” Such records often contain medical treatment information and “histories” of the injured party. The database of information stored by be accessed and “searched” by the public. Opinions and Awards of the Industrial Commission in North Carolina are considered public records. Sealing a formal record ordinarily requires a “court order” or other formal directive from a quasi-judicial official, keeping records and documents from becoming public. To protect his privacy, the attorney for the injured employee makes a formal request that all medical records and information regarding the hearing be “sealed.” The insurance company for the employer alleges the employee is no longer permanently disabled. No reasonable accommodation is possible, as the nature and extent of injuries preclude future employment.Īfter initially receiving Workers’ Compensation benefits, the Employer asks for a hearing with the NC Industrial Commission. Those injuries prevent him from doing his job. The employee suffers both short term and long-term permanent injuries, including loss of range of motion and loss of sensation. 9 Things You Should Know About Your Comp Claim He is therefore protected under the NC Work Comp laws. He is injured while on the premises of the employer. He is working with the “course and scope” of employment. He suffers a “slip and fall” injury while at work on the loading dock. Example of Privacy Issues and the NC Work Comp Laws “Covered Entities” include healthcare plans, insurers, Health Maintenance Organizations, billing services, information systems of community health management, healthcare providers, doctors, laboratories, pharmacies, insurers, etc. United States Health and Human Services Info The Security Rule addresses the transfer of personal information, record-keeping, and data breaches. The Privacy Rule covers things like your name, date of birth, admission and discharge dates, social security and medical record numbers, photographs, telephone numbers, zip code, city, etc. Security Rule – Protects electronic storage and transfer of healthcare information.Privacy Rule – Protects personal information.PMI – Personal Medical Information is protected under two broad categories: It literally is a violation of federal law for medical service providers and other medical professionals to share your personal medical history with unauthorized people or businesses. That 1996 federal law sets forth the regulations and rules for medical information security and privacy. Medical records are subject the HIPAA – Health Insurance Portability and Accountability Act. – Kevin Jones, NC Workers Comp Lawyer What is a Release of Medical Information? "While there may be some duty to provide documentation of a workplace injury, you absolutely should not give unlimited access to your medical records" Insurance companies and employers regularly request what lawyers refer to as a “Medical Authorization and Release” that are overly broad, seeking information not relevant to claims. Unfortunately, in an era known for data privacy breaches, information disclosures, and social “sharing,” access to highly confidential medical records is too often and too easily granted. The information contained with medical records is both highly sensitive and private.
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