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Managing Claims Overview
Claims Coordinator Responsibilities Choosing a Medical Provider When an Injury Occurs Finding Out About an Injury Your Five-Step Response First Report Checklist What the Employee Receives Handling Medical Records Situations to Watch For Report an Injury Return to Work Fraud Lowering Your Costs |
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Handling Medical RecordsState law allows employers to have access to injured employees' medical records so they can see work restrictions ordered by physicians, which is usually documented on a Report of Work Ability form. However, an employer must notify an employee in writing every time the employee’s physician is contacted to disclose when the doctor was contacted and what was discussed. It's good to clarify work restrictions and transitional job tasks with the physician, but remember to document everything and keep the employee informed. Other rules for handling confidential medical records
HIPAA's effect on workers' compensationFor the most part, Health Insurance Portability and Accountability Act (HIPAA) privacy rules do not apply to workers' compensation claims. Some provisions apply, but only to the workers' compensation insurance company or the self-insured employer, not the general employer. The general guideline for employers on handling workers' compensation is that you have a right to discuss an injured employee's progress and existing medical data with the physician, as it relates to the injury. Medical providers may be unclear about the HIPAA law as it applies to work comp and may be reluctant to give you information. If you're having trouble getting information from a provider, call your SFM claims representative.
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