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Regular Session, 2012
HOUSE BILL NO. 621
BY REPRESENTATIVE ALFRED WILLIAMS
WORKERS COMPENSATI ON: Provides for parties authorized to procure and release
medical records
AN ACT1
To amend and reenact R.S. 23:1127(C)(1) and (4) and to enact R.S. 23:1127(B)(1)(f) and2
(E), relative to the medical services section of the office of workers' compensation3
administration; to provide for the release of employee medical records; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 23:1127(C)(1) and (4) are hereby amended and reenacted and R.S.7
23:1127(B)(1)(f) and (E) are hereby enacted to read as follows:8
ยง1127. Release of medical records and information9
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B.(1) In any claim for compensation, a health care provider who has at any11
time treated the employee related to the compensation claim shall release any12
requested medical information and records relative to the employee's injury, to any13
of the following persons:14
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(f) The medical services section of the office of workers' compensation16
administration.17
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C.(1) Consistent with the policy of reasonable access to medical information19
for all parties and notwithstanding the provisions of Article 510 of the Louisiana20 HLS 12RS-1126 ORIGINAL
HB NO. 621
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Code of Evidence or any other law to the contrary, a health care provider, without1
the necessity of a subpoena or other discovery device, shall verbally discuss medical2
information regarding the injured employee with another health care provider3
examining the employee, a case manager, the medical services section of the office4
of workers' compensation administration, or a vocational rehabilitation counselor5
assigned to provide rehabilitation for that injured worker. No health care provider6
or his employee or agent shall be held civilly or criminally liable for disclosure of7
the medical information conveyed pursuant to this Section. This Paragraph shall not8
apply to examinations conducted by medical examiners appointed by the director9
pursuant to R.S. 23:1123.10
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(4) Any medical information released in writing shall be furnished to the12
employee at no cost to him simultaneously with it being furnished to the employer,13
its insurer, agent, or representative, or the medical services section of the office of14
workers' compensation administration. Any such records or information furnished15
to the employer or insurer or any other party pursuant to this Section shall be held16
confidential by them and the employer or insurer or any other party shall be liable17
to the employee for any actual damages sustained by him as a result of a breach of18
this confidence up to a maximum of one thousand dollars, plus all reasonable19
attorney fees necessary to recover such damages. An exception to this breach of20
confidentiality shall be any introduction or use of such information in a court of law,21
or before the Office of Workers' Compensation Administration or the Louisiana22
Workers' Compensation Second Injury Board.23
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E. In the event reasonable medical services are requested by a health care25
provider chosen by the employee which are then timely denied by the employer in26
writing, a Form 1009 is filed by the employee or his health care provider, the27
medical services section of the office of workers' compensation administration shall28 HLS 12RS-1126 ORIGINAL
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immediately order all medical records from all medical providers who have treated1
the employee on an expedited basis, and assess the cost to the employer.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Alfred Williams HB No. 621
Abstract: Adds the medical services section of the office of workers' compensation
administration (OWCA) to those parties who may obtain medical records and other
information on the injured employee and provides for procedure for denials.
Present law provides that in any claim from compensation, a health care provider who has
treated the injured employee shall release medical information to the employee, his agent
or representative, the employee's vocational rehabilitation counselor, the employer, his agent
or representative, and the employer's workers' compensation insurer or its agent or
representative.
Proposed law adds the medical services section of OWCA to the list of parties in present law
to whom the health care provider can release medical records.
Present law provides that a health care provider shall verbally discuss medical information
regarding the injured employee with another health care provider examining the employee,
a case manager, or a vocational rehabilitation counselor.
Proposed law adds the medical services section of OWCA to the list of parties in present law
with whom the health care provider can verbally discuss medical information.
Present law provides that any medical records that are released in writing to the employer,
its insurer, agent, or representative shall also be provided to the injured employee at no cost
to him.
Proposed law provides that if any medical records are released in writing to the employer,
its insurer, agent, representative, or to the medical services section of OWCA, they shall also
be provided to the injured employee at no cost to him.
Present law provides that any records or information furnished to the employer or insurer,
or any other party, shall be confidential and that any party who breaches confidentiality shall
be liable to the employee for actual damages up to $1,000 plus all reasonable attorney fees
to recover such damages.
Proposed law retains present law and includes the medical services section of OWCA to the
parties who are required to maintain confidentiality.
Present law provides that the use of the information in court or before OWCA or the La.
Workers' Compensation Second Injury Board shall not be a breach of confidentiality.
Proposed law requires the medical services section of OWCA order the medical records of
the injured employee on an expedited basis in the event of a timely written denial of medical
treatment requested by the employee, and charge the cost to the employer.
(Amends R.S. 23:1127(C)(1) and (4); Adds R.S. 23:1127(B)(1)(f) and (E))