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?

Covered entities are permitted to disclose protected health information for such purposes as authorized by, and to the extent necessary to comply with, workers’ compensation law. See 45 CFR 164.512(l). In addition, the Privacy Rule generally permits covered entities to disclose protected health information in the course of any judicial or administrative proceeding in response to a court order, subpoena, or other lawful process. See 45 CFR 164.512(e).

October 2018

Tags:  HIPPA, Worker Comp