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Getting Medical Records of Employee - quick answer?

ladyzuesseladyzuesse 62 Posts
in HR & Employment Law Vote Up0Vote Down
W/C hearing coming up - my boss is going through the employee's file (including medical) and notes that we don't have a complete medical file on this employee from the dr's office. We have dr's transcriptions relating to the injury which come attached to the bill. (which is what we are supposed to have)

I have told him that attorney representing us is planning to subpoena the medical records. He wants me to call the dr. and get a copy for our files. I am of the opinion that us calling to get a copy of his medical file could open a privacy issue (another suit) without the subpoena. Employee is represented by counsel. My boss (no HR background) wants me to call anyway.

Advice?

Tammy Colson
ladyzuesse
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Tammy Colson
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Comments

  • 10 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    Tammy: Make the call to satisfy your boss. But, we all know that the clinic will not release medical records to you on request. If the comp carrier does not have the records, your attorney will need to subpoena them. Then you'll have a copy for your files. But, essentially, the company has no business having medical files. Let the attorney handle it. Your boss has no HR background, but neither does he have legal or medical background. But, smile at him and tell him you made the attempt. Then it'll go away.
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  • ladyzuesseladyzuesse 62 Posts
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    So the attempt to access the records will not jeopardize us? As long as that won't happen, I'll look stupid on his behalf, I guess.

    Tammy

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  • Don DDon D 9,834 Posts
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    No, asking for it, whether HIPAA or not, will not jeopardize anything. If you are close enough to the staff at the clinic on a working basis, you may get lucky, if that's what you want. But, I still recommend that having these records will serve no purpose for HR or your Manager. You might be even better off in the long run testifying that you have no decisions based on those records since you have not actually had them. Once you have them in hand, you can never testify that you did not. And a good plaintiff's attorney can probably convince part of the jury that you made decisions based on those records. Having them will not benefit you. Not having them, could.
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  • mwild31mwild31 1,441 Posts
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    Hi Tammy - actually, I don't think you would have a problem accessing the information as it's a W/C injury - W/C injuries are not subject to the strict HIPPA rulings governing other medical information. Fly them a call & ask for the information.
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  • ladyzuesseladyzuesse 62 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 10-10-03 AT 01:28PM (CST)[/font][p]RESULTING EMBARASSMENT:

    Spoke with dr's office, with whom we have a longstanding and excellent relationship, and was promptly scolded by their privacy officer/office manager who told me that I should know better (which I do, but see above post as to where the order came from)

    So, I've been admonished, the boss is peeved and based on developments in the case, the atty will not be subpoenaing the records, so he isn't going to get what he wants.

    The good news is that it's no longer a wage compensation issue, just a scar/disfigurement rating, which is what we expected in the beginning.



    I'm fed up with looking like a moron to satisfy him - time to polish the resume.

    Tammy
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  • BalloonmanBalloonman 972 Posts
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    Hmmmm are they wc medical records? If so you have every right to them.......I would call up and explain to the person that they need to send them over.......or there will be no payment. They are your records to begin with.
    My $0.02 worth.
    DJ The Balloonman
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  • PorkPork 1,271 Posts
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    LADYSUZEESE: You can call but HIPPA has begun to cut us off at the knees as to what information the phyician's office will let the employer have. I have to contact my insurance carrier and have them provide us with medical information. Additionally, although a seperate corporation in our state, our 3rd party administrator for a self insured medical plan makes me communicate with corporate in NC when I need to assist one of my employees with a particular medical claim. HIPPA is a night mare and that is another tell!

    PORK
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  • ladyzuesseladyzuesse 62 Posts
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    Actually, it's a particular statement that may or may not have been made in the records, and this is the guy's regular doctor in addition to being our workman's comp doctor (just worked out that way I guess) I think HIPAA applies because it can be construed as over and above the WC notes, which we have.

    I think we have what we need - and with an on the record hearing (no formal appearances)- the point is mute anyway. But when he gets something in his head, he's gonna pi**off the planet to get it.

    I'm having the same problem Pork - can't answer the employee's questions on insurance (self-insured) I have to make them call corporate in TX to talk to the privacy officer.

    Thanks for your advice guys.

    Tammy
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  • Don DDon D 9,834 Posts
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    Pork is right. For the umpteenth time, clinics no longer have to provide comp records to the employer. You must get them from the comp carrier unless you find a blonde clerk at the clinic.
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  • njjelnjjel 1,235 Posts
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    DON! I'm surprised at you! :-)
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