From a Medical Assoc Chatboard, So much for HIPPA!!!!!

[Guest guest]

" I only rarely post messages without attribution, but this exception was

granted.

> I have just discovered a rather disconcerting practice which has crept

into some of our plants and I would like to anonymously get feedback from the

list members on the practice.

To me it is a no-brainer situation, but in the interests of reinforcing my

position (or having it blown away) I would like to ask the group.

>

> The question is as follows:

>

" What do the members of the list feel about work comp investigators, work

comp administrators, etc. being granted unrestricted access to an employee's

entire medical record (minus the drug-related info kept in a separate file)?

Said another way should such folks have access to parts of an employee's

medical information that do not have direct relevance (via diagnosis, body

part,

etc.) to the condition being investigated for.

>

> If not, how are the members who have to provide records to such

investigators/administrators able to limit the granting of access only to

pertinent

information? "

I guess all replies should be sent to the forum as a whole, unless secrecy

is needed on the other side... and I can forward the reply (all while wishing

we hadn't started this!). "

[Guest guest]

Federal Workmans comp is a nightmare and the people are horriblre. They told

me I was lying!!!!!!!!!!!!!!!!!!!

[Guest guest]

Sharon,

Without knowing more it is difficult for me to comment as a QME

specializing in the W/C system and as someone who is concerned with patient and

individual rights. It sounds like there might be more to this situation then

what

was described. Given what information was provided unless the laws have

changed and I am not aware of this there may indeed be a serious breach of

confidentiality here. If these employees have a union, this practice should be

discussed with a union rep.

It sounds as if an employee has become aware of W/C administrators being

given " unrestricted access " in reviewing their medical files at their place of

employment. This is what I am not clear about. Did these employee's sign a

consent form for a release of medical records and or information? If these

injured workers have not signed consent forms for this review of their medical

records at their place of employment that are separate and apart from their

injury, then there may be a serious problem taking place.

So, in answer to the question of how members who have to provide records are

able to limit access to only pertinent information, this should be

contingent upon a release form that is signed by the individual employee.

In addition to this all psychiatric and or chemical dependency records

require a separate consent form individual to these records.

If any of these injured workers have retained an attorney they should

discuss this practice that is taking place at their place of employment- with

their

attorney.

In a message dated 8/24/2006 7:39:51 AM Central Standard Time,

snk1955@... writes:

I only rarely post messages without attribution, but this exception was

granted.

> I have just discovered a rather disconcerting practice which has crept

into some of our plants and I would like to anonymously get feedback from

the

list members on the practice.

To me it is a no-brainer situation, but in the interests of reinforcing my

position (or having it blown away) I would like to ask the group.

>

> The question is as follows:

>

" What do the members of the list feel about work comp investigators, work

comp administrators, etc. being granted unrestricted access to an employee's

entire medical record (minus the drug-related info kept in a separate file)?

Said another way should such folks have access to parts of an employee's

medical information that do not have direct relevance (via diagnosis, body

part,

etc.) to the condition being investigated for.

>

> If not, how are the members who have to provide records to such

investigators/investigators/<WBR>administrators able to limit the granting of

access

information?i

I guess all replies should be sent to the forum as a whole, unless secrecy

is needed on the other side... and I can forward the reply (all while

wishing

we hadn't started this!). "

[Guest guest]

,

I don't know anymore than what I posted. It's seem the question is does the

physician turn over more of the employee's medical records to the WC rep,

than is relevant to the injury at hand. And I would agree with you. I would

think that maybe an employee found a W/C administrator with access to more than

the administrator needed to know in order to do their job.

Sharon

It sounds as if an employee has become aware of W/C administrators being

given " unrestricted access " in reviewing their medical files at their place

of

employment. This is what I am not clear about. Did these employee's sign a

consent form for a release of medical records and or information? If these

injured workers have not signed consent forms for this review of their

medical

records at their place of employment that are separate and apart from their

injury, then there may be a serious problem taking place.

So, in answer to the question of how members who have to provide records are

able to limit access to only pertinent information, this should be

contingent upon a release form that is signed by the individual employee.

In addition to this all psychiatric and or chemical dependency records

require a separate consent form individual to these records.

If any of these injured workers have retained an attorney they should

discuss this practice that is taking place at their place of employment-

with their

attorney.

[Guest guest]

The scary thing about the push to computerize medical records is that

it will make security for medical records a thing of the past. There

is a huge company that sells information on people's medical status,

genetic information (such as what your parents died of and their ages)

etc. and they sell that information to insurance companies so that

companies can decide wheter to insure you, hire you, etc. When all

medical records are computerized we will start seeing people who can't

get insured or can't get jobs, ever, based on their or their relatives

medical issues..

Most European conutries have agreed that medical IT, especailly

genetic information is fundamentally incompatible with private

insurance.. There, a debate has been raging on this for years..

Unfortunately here there has been NO such debate..

Whoever things that things like that could NEVER happen HERE is

tremendously naiive..

Medical privacy isn't just an issue worth fighting for for economic

reasons.. It could someday be a matter of LIFE OR DEATH..

****PRAY****