R612. Labor Commission, Industrial Accidents.
R612-2. Workers' Compensation Rules-Health Care
R612-2-22. Medical Records.
A. When any
medical practitioner provides copies of medical records to the parties of an
industrial case, the following charges are presumed reasonable:
A search fee of $15 payable in advance of the search,
Copies at $0.50 per page including copies of microfilm payable after the
records have been prepared, and
Actual costs of postage payable after the records have been
prepared. Actual costs of postage are
deemed to be the cost of regular mail unless the requesting party has requested
the delivery of the records by special mail or method.
Those persons or entities who are entitled to copies of medical records
involving an industrial case are:
The injured employee or his/her dependents,
The employer of the injured worker,
The employer's workers' compensation insurance carrier,
The Uninsured Employers' Fund,
The Employers' Reinsurance Fund,
The Commission, and
Any attorney representing any of the above in an industrial injury or
occupational disease claim.
No other person or entity is entitled to medical records unless ordered
by a Court or provided with a notarized release executed by the injured worker.
The Commission will operate in the release of its records to the
parties/entities as specified above unless the information is classified as
confidential under the Government Records Access and Management Act (GRAMA).
No fee shall be charged when the RBRVS requires specific documentation
for a procedure or when physicians and surgeons are required to report by
statute or rule.
An injured worker may obtain one of each of the following records
related to the industrial injury or occupational disease, at no cost, when the
injured worker or his/her dependents have a signed form by the division to
substantiate his/her industrial injury/illness claim:
History and physical,
Operative reports of surgeries,
Discharge summary, and
Emergency room records,
Specialized testing results,
Physician SOAP notes, progress notes or specialized reports.
Alternatively, a summary of the patient's record may be made available
to the claimant at the discretion of the physician.
And such other records as may be requested by the Commission in order to
make a determination of liability.]
KEY: workers' compensation, fees, medical
of Continuation May 28, 2003