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What is the Health Insurance Portability and Accountability
Act?
Health Care Provider Compliance: Medical providers who treat injured workers
must provide the medical information necessary to allow Beacon to process the
claim of the injured worker. The provider might have concerns with patient
confidentiality. However, the law obligates the provider to provide this
information. R.I.G.L. Section 28-33-5 et seq. HIPAA is inapplicable. 67 C.F.R.
53199, 45 C.F.R. 164.512, 45 C.F.R. 160.103. In fact, HIPAA specifically
states, "the rule is not intended to impede the flow of health information that
is needed by employees, workers' compensation carriers, or state officials in
order to process or adjudicate claims and/or coordinate care under the workers'
compensation system."
Beacon protects the privacy of confidential health care information and it is
only used and disclosed as permitted by law.
Providing medical records to the insurance carrier for workers'
compensation claims is supported in The Health Care Communication and
Information act with an exclusion directly related to workers' compensation
claims. Regulations exclude workers' compensation from the applicability of
HIPAA.
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