Legal Question in Workers Comp in California

Hippa violation

I do not know if this is a Workers'

Compensation Law or Health Care

Law question. An injured worker

received a $10,000 retraining

voucher from his company�s Workers�

Compensation insurance company.

All the correct documentation was

faxed over to the insurance company

along with an invoice for release of

the retraining voucher funds to the

retraining program. The insurance

has denied payment of funds to this

retraining program for various

reasons. Before the injured worker

received the denial letter, the

manager of the retraining program

advised the injured worker that the

insurance company had faxed them

the injured worker's confidential

medical record information. The

insurance company never asked for

authorization to release confidential

medical information to a third party.

I believe this action was a direct

violation of HIPPA. Am I correct in

my opinion? Thank you.


Asked on 4/11/08, 6:45 pm

1 Answer from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Hippa violation

Your medical information is not confidential in this case. You may have restriction recommended by the doctors that the vocational rehabilitation school need to be informed. The denial of the voucher by the insurance company may be subject to penalty. If that is the case, call your attorney and if you are not represented call us at 213.388.7070.

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Answered on 4/12/08, 2:12 pm


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