Draft
Workers’ Compensation Medical Records Disclosure Act
Model Policy
Section 1. {Title.} This Act shall be known and may be cited as the Workers’ Compensation Medical Records Disclosure Act.
Section 2. {Definitions} For purposes of this Act, “Relevant medical information” to be disclosed to the employer in a workers’ compensation or employee entitlement claim cases shall be defined as information:
(1) regarding the nature of injury for which a benefit is claimed;
(2) pertaining to diagnosis, costs, and the nature of treatment of the injury which benefits are claimed;
(3) regarding the injury for which a benefit is claimed that is necessary for the employer to have in order to modify the employee’s work duties, to make other reasonable accommodations for the employee’s return to work, to institute hazard prevention programs, and to evaluate the employee’s eligibility for other employee benefits.
(4) that is necessary for the employer to defend itself in adjudicated cases.
Section 3. Employers’ shall be allowed access to all relevant medical information, without the express authorization or consent, of the employee in all cases in which an employee files a claim under employer provided workers’ compensation insurance or any other employer provided entitlement . The insurance carriers or administrator shall provide and discuss relevant documents of the claim file that shall affect the employer’s premium with the employer, and shall supply copies of the documents that affect the premium.
Section 4. The right of employers provided in this Act shall not extend to medical information that is not directly related to employee workers’ compensation or other employee entitlement claim cases.
Section 5. Nothing in this act shall allow employers to disclose to any other persons or entities any of the relevant information that has been disclosed to the employer under the provision of Section 3, without the consent of the injured employee who has field the workers’ compensation or other employee benefit, claim.
Approved by ALEC Board of Directors on January 2004.
Reapproved by ALEC Board of Directors on January 28, 2013.
Reapproved by ALEC Board of Directors on November 16, 2017.