(1)As
used in this section, unless the context otherwise requires, mental health record
means the following records pertaining to the claimant:
(a)Psychological or psychiatric tests, including neuropsychological testing;
(b)Other records prepared by or for a mental health provider;
(c)Independent medical examination records, audio recordings, and reports
that address psychological or psychiatric issues;
(d)Division independent medical evaluation records and reports that address
psychological or psychiatric issues; and
(e)Records relating to the evaluation, diagnosis, or treatment of a substance
use or abuse disorder.
(2)A mental health provider shall provide mental health records to:
(a)The insurer, or if self-insured, the employer, as necessary for payment of
services
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(1) As
used in this section, unless the context otherwise requires, mental health record
means the following records pertaining to the claimant:
(a) Psychological or psychiatric tests, including neuropsychological testing;
(b) Other records prepared by or for a mental health provider;
(c) Independent medical examination records, audio recordings, and reports
that address psychological or psychiatric issues;
(d) Division independent medical evaluation records and reports that address
psychological or psychiatric issues; and
(e) Records relating to the evaluation, diagnosis, or treatment of a substance
use or abuse disorder.
(2) A mental health provider shall provide mental health records to:
(a) The insurer, or if self-insured, the employer, as necessary for payment of
services and adjustment and adjudication of claims involving psychological or
psychiatric issues;
(b) The employer, as necessary for the employer to comply with applicable
state or federal laws, rules, and regulations; and
(c) The referring physician and any other relevant treating or evaluating
providers, as necessary.
(3) (a) Mental health records provided pursuant to subsection (2) of this
section shall not be disclosed to any person who is not reasonably necessary for the
medical evaluation, adjustment, or adjudication of claims involving psychological or
psychiatric issues unless disclosure is otherwise directed by order of the director or
an administrative law judge.
(b) (I) An insurer may release information from a claimant's mental health
records concerning any work restrictions placed on the claimant to the claimant's
employer, supervisor, or manager, and information as necessary for the adjustment
and adjudication of a claim, but shall not disclose the claimant's actual mental
health records to any third party who is not directly involved in medically
evaluating, adjusting, or adjudicating claims involving psychological or psychiatric
issues without the consent of the claimant unless disclosure is otherwise ordered
by the director or an administrative law judge.
(II) Notwithstanding subsection (3)(b)(I) of this section, if the claimant's
mental health provider or physician objects to the release of mental health records,
the insurer shall not disclose the mental health records to a third party unless
otherwise ordered by the director or an administrative law judge.
(c) If an employer is self-insured, upon receipt of mental health records, the
employer:
(I) Shall maintain mental health records under restricted access, separate
from personnel files, and with clear policies and training to ensure the claimant's
privacy is protected; and
(II) (A) May disclose information from the claimant's mental health records
concerning any work restrictions placed on the claimant to the claimant's
supervisor or manager and information as necessary for the adjustment or
adjudication of a claim, but shall not disclose the claimant's actual mental health
records to any third party who is not directly involved in medically evaluating,
adjusting, or adjudicating claims involving psychological or psychiatric issues
without the consent of the claimant, unless disclosure is otherwise ordered by the
director or an administrative law judge.
(B) Notwithstanding subsection (3)(c)(II)(A) of this section, if the claimant's
mental health provider or physician objects to the release of mental health records,
the self-insured employer shall not disclose the mental health records to any third
party unless otherwise ordered by the director or an administrative law judge.
(d) (I) A third party receiving mental health records pursuant to this
subsection (3) shall not disclose the claimant's actual mental health records to any
person who is not directly involved in medically evaluating, adjusting, or
adjudicating claims involving psychological or psychiatric issues without the
consent of the claimant, unless otherwise ordered by the director or an
administrative law judge.
(II) Notwithstanding subsection (3)(d)(I) of this section, if the claimant's
mental health provider or physician objects to the release of mental health records,
the third party shall not disclose the mental health records to any other third party
unless otherwise ordered by the director or an administrative law judge.
(4) The director may promulgate rules necessary for the implementation of
this section.