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New Mexico Workers Authorization for Disclosure of Protected Health Information for Workers Compensation Purposes - (HIPAA Compliant) - Spanish

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New Mexico
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NM-016-S-WC
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Workers Authorization for Disclosure of Protected Health Information for Workers Compensation Purposes - (HIPAA Compliant) - Spanish

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FAQ

Many insurance companies use generic forms that are broad in scope and grant blanket access to all of your medical records. The Medical Authorization form may even give the claims adjuster or insurance defense attorney permission to speak with your doctors and nurses without you present.

No: your employer cannot see your health history. The insurance company handling workers' compensation claims, however, can request authorization to your medical records but only to those records that are relevant to your injury.

Insurance companies frequently request medical records when evaluating claims.The insurance company doesn't have an inherent right to view your records, which is why they will ask you to sign a release granting them the right. But without medical records, your claim will most likely be denied.

What RTW / workers' comp information IS confidential? While relevant, recent, work-related medical information is usually not confidential, other medical informationsuch as the individual's medical historyis confidential.

The HIPAA Privacy Rule does not apply to entities that are either workers' compensation insurers, workers' compensation administrative agencies, or employers, except to the extent they may otherwise be covered entities.

Your employer's insurer's access to your medical records related to your injuries is necessary in order to manage your workers' compensation claim.Yes, you are required to release your medical records if requested when you file a workers' compensation claim after a workplace injury.

The HIPAA Privacy Rule does not apply to entities that are either workers' compensation insurers, workers' compensation administrative agencies, or employers, except to the extent they may otherwise be covered entities.

New Mexico workers' compensation insurance covers wage replacement and medical bills for employees who are injured on the job. It pays for medical care resulting from a work-related illness or injury, as well as wage replacement if the worker is unable to work as a result of the injury or illness.

A prospective employer has no right to ask whether you have had a previous workers' compensation claim. However, a prospective employer does have the right to know if you have an injury or medical condition that will impact on your ability to perform your work duties.

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New Mexico Workers Authorization for Disclosure of Protected Health Information for Workers Compensation Purposes - (HIPAA Compliant) - Spanish