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Questions about HIPAA rules - Inquiring minds

Posted: Jun 15, 2012

I was wondering if anyone had any knowledge in regard to HIPAA violations and whether certain rules apply only in certain circumstances. I had a workers comp claim and had my IME closing exam in March. There were problems - the doctor assumed that he knew it all, didn't take any history from me and then rushed me through the exam and closed my claim. I wasn't happy with the way the exam was conducted, and then on reading my exam report I found a number of mistakes, some trivial things such as misspelled words, but also some date of service errors and documentation of things that never happened. I made requests to WC and the examiner's office to have the errors corrected as I know it's my right under HIPAA, but was told that the rules don't apply to WC claims and they wouldn't make the corrections. After reviewing all the info, My claims manager requested a repeat exam conducted through a different company and I'm hoping to be treated fairly the second time. In the medical records release from the new examiner (requiring my signature), it clearly states that I have the right to request to have corrections made in my report. I don't expect that the new exam will change the outcome of my claim, but I do feel the oriiginal IME provider should have taken some responsibility for the sloppy documentation and offered to correct the report. Do you think this is something that I should pursue with Health and Human Services? Thanks.

I'm unaware of any WC exclusions with respect to correcting errors. - What to do.

[ In Reply To ..]
If you don't still have your copy of the HIPAA rights document that you signed as a new copy, ask for a copy (of the specific document with your signature). Ask them to show you the clause that declares the WC exclusion to the provisions in that document.

HIPPA rules - mtwc

[ In Reply To ..]
I am a WC adjuster and my question is, where did this incorrect information come from that the IME doctor presented in his report? He should have had all medical records regarding the treatment you had already received for your work injury and he should have had a clear history of your injury based on those records as well as the information that you and your employer provided to the claims adjuster. So the information that you say is incorrect, where did he get that incorrect info? Did he make it up or did somebody give him incorrect info? Or are your treating doctor's medical records incorrect? Do you have any documentation to show that what he has in his report is incorrect such as medical documentation to the contrary? If you have such proof, then make sure you keep that documentation in case your claim goes into litigation. Possibly they won't change the record because the information he based his report on is info he was provided by someone, whether it be your treatment records or the adjuster handling your claim. Keep documentation of what you think is incorrect. If there is a blatent discrepancy between the dates in his records regarding treatment and your actual treatment dates, then that would be easily disputed by your treating doctor's records. The IME doctor is only there to do the IME and after he does that and provides his report, his job is done. That doesn't mean he closed your claim.. he just did what he was hired to do and that is it. The adjuster could send him a letter questioning the discrepancies and asking for clarification, but apparently they are just sending you for another IME so hopefully that will resolve the issue, but the adjuster questioning the first IME doctor could be done. I don't think the doctor can change his report, regardless of WC or not, but he certainly could do an addendum to it for clarification. From what I understand, no doctor can just go back and change a report, they have to do a separate record or addendum to correct a prior error.

Errors - Inquiring minds

[ In Reply To ..]
There are mistakes in my report because the doctor took no history from me, didn't listen when I tried to tell him anything, and then embellished on what was in my health record. Anything that I said was turned around and used against me in a negative way. I've seen my treating physician's notes as well as my hospital record, and the information there is accurate. I have documentation of everything, and that is why my IME is being repeated. Initially, I requested an addendum to my report and I also requested a corrected report but was told by my WC claims manager that they don't have to comply with HIPAA rules, I don't know why, and that was my question. The IME doctor was sent to do the IME, that does not mean he has the right to lie or falsify information in order to make me look bad. His recommendation was to close my claim and therefore my claim was closed.

There is NO prohibition to correcting WC errors. - What they really mean is....

[ In Reply To ..]
"This is going to cause us one bloody h-e-double-hockeysticks of a mess" because it is murder when WC documentation has to be corrected. Much more so than "normal" medical documents within the facility's own system.

That having been said, of course, it doesn't matter. Those errors MUST BE CORRECTED.

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