Jill/David, While rarely doing so, I have to depart from David's perspective on this one. The ability of a CE to disclose PHI is not dependent on the type/name of entity but on the purpose for which it is disclosed.
The reason a CE (provider or plan) would be allowed to disclose PHI to workers compensation insurance would, in most cases, be either because: a) they are seeking payment for services or reimbursement for services already paid (e.g. COB). The definition of payment under 164.501 and the permissive disclosure provisions of 164.502/164.506 do not limit the type of entity a CE could disclose information to for the purpose of payment. In this circumstance no authorization or tracking of the disclosure is required. b) they may be complying with a request from a workers compensation entity and may disclose information under 164.512(k) "as authorized by and to the extent necessary to comply with laws relating to workers compensation...". Here again, the entity to whom the disclosure is being sent is not limited, but it must be related to and authorized by workers compensation laws. In this case authorization is not required, but tracking the disclosure would be. So, to answer the original question, a covered entity may share with other insurance companies - like auto and life insurance if a) the purpose for which they are sharing is a permissible disclosure (such as TPO, or the public purposes listed in .512), or b) if the covered entity obtains an authorization from the individual. Depending on the purpose of the disclosure, tracking for accounting or other obligations may attach. Note that there is also a special provision about conditioning treatment/enrollment on an authorization (such as where a life insurance company wants a physical exam first), and in this case the provider could share the results of the physical exam, but they would have to have the authorization that the life insurance company obtained first. see 164.508(b). Regards, lhc Leah Hole-Curry, JD FOX Systems, Inc. 602.708.1045 Information transmitted is confidential and may be proprietary to FOX Systems, Inc. It is intended only for the person or entity to which it is addressed. Anyone else is prohibited from disclosing, copying, or disseminating the contents or attachments. If you receive this in error, please notify sender immediately, or us at www.foxsys.com and delete from your system. >>> "David Ermer" <[EMAIL PROTECTED]> 01/14/03 09:28 AM >>> Jill -- The covered entity's ability to disclose PHI to workers comp programs is a mixed blessing because although an authorization is not required, such disclosures are subject to the accounting for disclosures requirement. In my opinion, covered entities may not disclose PHI to other insurers that are not covered entities such as auto insurers or life insurers without an authorization. On the bright side, authorized disclosures are not subject to the accounting requirement. Best regards, Dave Ermer Gordon & Barnett 1133 21st St., NW, Suite 450 Washington, DC 20036 202-833-3400 ext 3009 (voice) 202-223-0120 (fax) www.gordon-barnett.com >>> <[EMAIL PROTECTED]> 01/14/03 11:54AM >>> I understand that no authorization form is required for disclosures to worker's compensation programs for payment purposes. Are auto carriers and disability insurers also included under the definition of "similar programs established by law that provide benefits for work-related injuries, etc.?" Also, how are providers handling disclosures to life ins. companies? Thanks, as always, for your helpful suggestions! Jill Rubin, Esq., [EMAIL PROTECTED] --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. 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