Q: Employer wants employee's medical info without medical release, is that legal?
Employer wants to know specific medical information about employee. Employer and employee have not consented into any release of medical information about employee? Is this a violation under HIPPA and california state law?
A: This is listed in WORKERS COMPENSATION so I'll have to presume there is an on-the-job-injury and the worker has placed her physical condition in issue requesting treatment and disability payments; when there is a WCAB Case Number, the subpena service can get those records because the injured worker has put her medical history at issue. BUT they need that state WCAB ADJ number to do so. The medical facility shouldn't release any records to anybody without a state court case number or a signed records release.
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