One section of the regulation will have a significant impact on the process by which attorneys may obtain patient information from medical providers. In the past, attorneys have provided medical providers with a subpoena or written request for such information, and in many cases patients have signed a short authorization to release such records to attorneys.

HIPAA, however, changes the rules by which attorneys may obtain patient information. If the patient signs an authorization to release records to an attorney, the authorization must contain specific language. If an attorney sends a subpoena to obtain the documents, there must be additional action taken before the records can be released.

If patient information is released without the proper steps being taken, there could be potential violations of HIPAA. That is why the Louisville Bar Association (LBA), the Kentucky Academy of Trial Attorneys, and other groups have taken action action to address this issue. The LBA hosted a seminar on this subject where attendees obtained sample forms and additional information in an attempt to standardize, as much as possible, the process by which attorneys obtain patient information. This seminar is available on video from the LBA.

The LBA wanted to make you aware of this material so you will know what must be done in order to release patient information. Forms are available for download from the right column of this page. We encourage you to provide a link to this information on your website.

The LBA believes that this information may assist both attorneys and health care providers in complying with HIPAA and preventing significant disruptions of needed disclosures of patient information.

Should you have any questions about this matter, please do not hesitate to contact Kimberly Farmer by phone, (502) 583-5314, or email (kfarmer@lba.win.net).

It is the position of the Department of Workers' Claims that, pursuant to 45 CFR Subtitle A, section 164.512, disclosures for workers' compensation purposes are, for most part, exempt from HIPAA privacy requirements. Nonetheless, in order to insure HIPAA compliance and to make sure that legal and medical practitioners are aware
of this exemption, the Department of Workers' Claims (working with groups such as the KMA) recently revised our form 106, Medical Waiver and Consent. As set out in KRS 342.020(8), any worker who reports a work-related
injury or files for workers' compensation benefits must execute "a waiver and consent of any physician-patient, psychiatric-patient, or chiropractor-patient privilege with respect to any condition or complaint reasonably related to the condition for which the employee claims compensation."

The revised form 106 was adopted in an emergency regulation signed by the governor on April 14, 2003. It is a two-sided form, with the back containing a three-paragraph explanation of the relationship between workers' compensation and HIPAA. Click here for the front of the form; click here for the back.

PROCEDURES FOR OBTAINING MEDICAL RECORDS IN KENTUCKY PURSUANT TO HIPAA

Quick Links to FORMS:

MODEL COVER LETTER FOR AUTHORIZATION

MODEL PLAINTIFF'S AUTHORIZATION

MODEL DEFENDANT'S AUTHORIZATION

MODEL PSYCHOTHERAPY NOTES AUTHORIZATION

DEFENDANT'S MODEL NOTICE LETTER FOR SUBPOENAS

DEFENDANT'S MODEL COVER LETTER TO RECORDS CUSTODIAN (SUBPOENAS)

DEFENDANT'S MODEL NOTICE LETTER FOR PHYSICIAN'S DEPOSITION

MODEL NOTICE TO TAKE PHYSICIAN'S DEPOSITION

DEFENDANT'S MODEL NOTICE LETTER TO TREATING PHYSICIAN FOR DEPOSITION

PLAINTIFF'S MODEL LETTER TO TREATING PHYSICIAN WITH AUTHORIZATION

MODEL QUALIFIED PROTECTIVE ORDER

DEFENDENT'S MODEL LETTER TO RECORD'S CUSTODIAN (QPO)

REVISED DEPT OF WORKERS' CLAIMS MEDICAL WAIVER & CONSENT FORM