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HHS > HIPAA Home > For Professionals > FAQ > Workers Compensation Disclosures

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FAQs Categories

  • Authorizations (30)
  • Business Associates (41)
  • Compliance Dates (2)
  • Covered Entities (14)
  • Decedents (8)
  • Disclosures for Law Enforcement Purposes (7)
  • Disclosures for Rule Enforcement (2)
  • Disclosures in Emergency Situations (2)
  • Disclosures Required by Law (6)
  • Disclosures to Family and Friends (28)
  • Disposal of Protected Health Information (6)
  • Facility Directories (7)
  • Family Medical History Information (3)
  • FERPA and HIPAA (10)
  • Group Health Plans (3)
  • Health Information Technology (41)
  • Incidental Uses and Disclosures (10)
  • Judicial and Administrative Proceedings (8)
  • Limited Data Set (5)
  • Marketing (18)
  • Marketing - Refill Reminders (16)
  • Mental Health (35)
  • Minimum Necessary (14)
  • Notice of Privacy Practice (20)
  • Personal Representatives and Minors (12)
  • Preemption of State Law (10)
  • Privacy Rule: General Topics (12)
  • Protected Health Information (2)
  • Public Health Uses and Disclosures (13)
  • Research Uses and Disclosures (20)
  • Right to Access and Research (58)
  • Right to an Accounting of Disclosures (8)
  • Right to File a Complaint (1)
  • Right to Request a Restriction (2)
  • Safeguards (13)
  • Security Rule (25)
  • Smaller Providers and Businesses (145)
  • Student Immunizations (8)
  • Telehealth (11)
  • Transition Provisions (3)
  • Treatment, Payment, and Health Care Operations Disclosures (30)
  • Workers Compensation Disclosures (5)

Workers Compensation Disclosures

Won't the HIPAA Privacy Rule's minimum necessary standard impede the ability of workers' compensation insurers, state administrative agencies, and employers to obtain the health information needed to pay injured or ill workers the benefits guaranteed them under State workers' compensation system?
Does an individual have a right under the HIPAA Privacy Rule to restrict the protected health information his or her health care provider discloses for workers' compensation purposes?
Does the HIPAA Privacy Rule permit a health care provider to disclose an injured or ill worker's protected health information without his or her authorization when requested for purposes of adjudicating the individual's workers' compensation claim?
My state law says I may disclose records, relating to the treatment I provided to an injured worker, to a workers' compensation insurer for purposes of determining the amount of or entitlement to payment under the workers' compensation system. Am I allowed to share this information under the HIPAA Privacy Rule?
My state law says I may provide information regarding an injured workers' previous condition, which is not directly related to the claim for compensation, to an employer or insurer if I obtain the workers' written release. Am I permitted to make this disclosure under the HIPAA Privacy Rule?

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This is archived HHS content.