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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 470
BY SENATOR MURRAY
WORKERS' COMPENSATION. Authorizes the medical services section of the office of
workers' compensation to procure the injured worker's medical records and information.
(8/1/12)
AN ACT1
To amend and reenact R.S. 23:1127, relative to workers' compensation; to provide for the2
release of medical records and information; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 23:1127 is hereby amended and reenacted to read as follows: 5
ยง1127. Release of medical records and information6
* * *7
B.(1) In any claim for compensation, a health care provider who has at any8
time treated the employee related to the compensation claim shall release any9
requested medical information and records relative to the employee's injury, to any10
of the following persons:11
* * *12
f. The medical services section of the office of workers' compensation.13
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C.(1) Consistent with the policy of reasonable access to medical information15
for all parties and notwithstanding the provisions of Article 510 of the Louisiana16
Code of Evidence or any other law to the contrary, a health care provider, without17 SB NO. 470
SLS 12RS-837 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the necessity of a subpoena or other discovery device, shall verbally discuss medical1
information regarding the injured employee with another health care provider2
examining the employee, a case manager, the medical services section of the office3
of workers' compensation, or a vocational rehabilitation counselor assigned to4
provide rehabilitation for that injured worker. No health care provider or his5
employee or agent shall be held civilly or criminally liable for disclosure of the6
medical information conveyed pursuant to this Section. This Paragraph shall not7
apply to examinations conducted by medical examiners appointed by the director8
pursuant to R.S. 23:1123.9
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(4) Any medical information released in writing shall be furnished to the11
employee at no cost to him simultaneously with it being furnished to the employer,12
its insurer, agent, or representative, or the medical services section of the office of13
workers' compensation. Any such records or information furnished to the employer14
or insurer or any other party pursuant to this Section shall be held confidential by15
them and the employer or insurer or any other party shall be liable to the employee16
for any actual damages sustained by him as a result of a breach of this confidence up17
to a maximum of one thousand dollars, plus all reasonable attorney fees necessary18
to recover such damages. An exception to this breach of confidentiality shall be any19
introduction or use of such information in a court of law, or before the Office of20
Workers' Compensation Administration or the Louisiana Workers' Compensation21
Second Injury Board.22
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E. In the event reasonable medical services are requested by a health24
care provider chosen by the employee which are then timely denied by the25
employer in writing, and a form 1009 is filed by the employee or his health care26
provider, the medical services section of the office of workers' compensation27
shall immediately order all medical records from all medical providers who28
have treated the employee on an expedited basis, and assess the cost of same to29 SB NO. 470
SLS 12RS-837 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the employer.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Proposed law adds the medical services section of the office of workers' compensation as
a party entitled to an injured worker's medical records and information.
Proposed law requires the medical services section of the office of workers' compensation
to order medical records of the injured employee on an expedited basis in the event of a
written denial by the employer of medical treatment requested by the employee and charge
the cost of the same to the employer.
Effective August 1, 2012.
(Amends R.S. 23:1127)