FAQ 325 I am a health care provider and my state law says I have to provide a workers' compensation insurer, upon request, with an injured workers' records that related to treatment or hospitalization for which compensation is being sought. Am I permitted
This is guidance for health care providers in disclosing PHI to a workers' compensation insurer in order to comply with state law.
Final
Issued by: Office for Civil Rights (OCR)
I am a health care provider and my state law says I have to provide a workers' compensation insurer, upon request, with an injured workers' records that related to treatment or hospitalization for which compensation is being sought. Am I permitted to disclose the information required by my state law?
Answer:
Yes. The HIPAA Privacy Rule permits a covered entity to disclose protected health information as necessary to comply with State law. No minimum necessary determination is required. See 45 CFR 164.512(a) and 164.502(b).
Date Created: 12/20/2002
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