Individually identifiable information obtained by the Division of Workers' Compensation is privileged and not subject to subpoena in civil proceedings unless the court determines that the public interest and the purpose of this section will not be harmed by the disclosure of information. Law enforcement agencies and the district attorney's office shall have access to information and information is admissible in criminal proceedings.
Reports shall not identify particular claims file; contents of individual claim files and auditor's working papers shall be confidential. Disclosure of claim information to the administrative director pursuant to an audit shall not waive the provisions of the Evidence Code relating to privilege.
Persons or entities that are not a party to a workers' compensation benefits claim may not obtain individually identifiable information pertaining to the claim from the Division of Workers' Compensation, except as provided.
Party may subpoena medical records in any proceeding under this division. Person in possession of the records must be served and a copy of the subpoena must be sent to all parties in the proceeding.
To be a "personal physician" of an employee, the physician must meet the following conditions: (1) be the employee's regular physician and surgeon, (2) be the employee's primary care physician, and have previously directed the medical treatment of the employee, and retain the employee's medical records, including his or her medical history; (3) agree to be predesignated.
The administrative director has the authority to inspect the records, books, and papers of entities providing medical or other services to an organization, management company, solicitor, or solicitor firm.
Exceptions to access to individually identifiable information: (1) the administrative director or a statistical agent may use information for a workers' compensation information system, (2) the Department of Health Services may use information for an occupational health and occupational disease prevention program, (3) the Division of Workers' Compensation, the Division Occupational Safety and Health, and the Division of Labor Statistics and Research may access information to the extent necessary to perform their duties, (4) persons and entities with legitimate statistical research purposes may
The administrative director of the Division of Workers' Compensation must periodically conduct a medical survey of an organization's health care delivery system. The medical survey team is not required to review medical records, but the administrative director has the authority to require review of medical records as necessary to determine the quality of health care being provided. The medical survey team shall maintain the confidentiality of medical records when review is authorized.
The administrative director shall conduct a study of the medical treatment provided for industrial injuries and illnesses. In conducting the study the administrator shall keep all patient identifying information confidential.
Insurers shall discuss all factors affecting the employer's premium with the employer. Insurers may not discuss medical information as defined in Civil Code 56.05 obtained from about an employee who has filed a worker's compensation claim except for the following: (1) medical information regarding the diagnosis of the condition for which compensation is claimed and the treatment provided, (2) medical information about the injury claim that is necessary for the employer to have to modify employee work duties.
