What can I do if someone associated with my workers’ comp case violates my health information privacy rights?

When you file a workers’ compensation claim in Georgia, you’ll need to sign a WC-207 release that allows the workers’ compensation employer/insurer to access medical records reasonably related to your injury at work.  Medical records may, of course, be shared between different doctors and specialists.  However, sometimes medical information that is protected is shared with parties that should not get this information, such as companies or organizations where an injured worker is being sent pursuant to a return to light duty under O.C.G.A. 34-9-240.

If this occurs, here is a link providing the resources you may use to file a complain with the U.S. Department of Health and Human Services for violations of your HIPAA rights.

In short, your complaint must:

1. Be filed in writing, either on paper or electronically, by mail, fax, or e-mail;
2. Name the covered entity involved and describe the acts or omissions you believe violated the requirements of the Privacy or Security Rule; and
3. Be filed within 180 days of when you knew that the act or omission complained of occurred. OCR may extend the 180-day period if you can show “good cause.”

For additional information about workers’ compensation medical benefits in Georgia, please call our Atlanta law office at 404-354-5432.