QUESTION

Should an RN with needlestick injury sign form allowing access to ALL medical records?

Asked on Dec 07th, 2012 on Workers Compensation - California
More details to this question:
I had a needlestick injury, with exposure to patient's Hepatitis C. Workers' comp company sent me a form to sign giving them access to ALL my medical records. Can I allow only access to info pertinent to the needlestick? How do I know they're not snooping farther than that? Is this company just looking for some reason not to cover my claim? I am neg for HIV, Hep C and immunized for Hep B. How can I safeguard my privacy if I sign that form? Thanks.
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1 ANSWER

Social Security Disability Attorney serving Modesto, CA at Rockwell, Kelly & Duarte LLP
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Under California law, including the California constitutional right to privacy, you have the right to medical privacy. The workers' comp insurance companies always try to get every record on you. However, they really only have the right to records concerning the body parts or body systems which are at issue on your claim, at least without a showing of good cause. Thus, you can limit the release that you sign to only those doctors or health care facilities that treated you for the needlestick, and even further, you can restrict your authorization to only those records that deal with hepatitis C or other endrocrinology disorders. Thus, if you went to your family doctor for the Hep C needlestick, they have a right to get those records concerning that incident but also that condition. The insurance carrier is not entitled to any records about unrelated medical conditions such as a broken leg, urological problems, ob/gyn records, etc. I should caution, however, that the carrier, if it doesn't get all the records it (mistakenly) thinks it is entitled to, may deny your claim on the ground that you haven't cooperated in establishing your claim. In my experience, the carrier would probably deny the claim anyway, because it will say that you got the Hep C from some other source. You may be in for a fight on your claim.  
Answered on Dec 07th, 2012 at 12:31 PM

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