§1127. Release of medical records and information
A. It is the policy for the efficient administration of the workers' compensation
system that there be reasonable access to medical information for all parties to coordinate and
manage the care for the injured worker and to facilitate his return to work.
B.
(1)In any claim for compensation, a health care provider who has at any time
treated the employee related to the compensation claim shall release any requested medical
information and records relative to the employee's injury, to any of the following persons:
(a)The employee, his agent, or his representative.
(b)A licensed and approved vocational rehabilitation counselor assigned to the
employee's claim.
(c)Another health care provider examining the employee.
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§1127. Release of medical records and information
A. It is the policy for the efficient administration of the workers' compensation
system that there be reasonable access to medical information for all parties to coordinate and
manage the care for the injured worker and to facilitate his return to work.
B.(1) In any claim for compensation, a health care provider who has at any time
treated the employee related to the compensation claim shall release any requested medical
information and records relative to the employee's injury, to any of the following persons:
(a) The employee, his agent, or his representative.
(b) A licensed and approved vocational rehabilitation counselor assigned to the
employee's claim.
(c) Another health care provider examining the employee.
(d) The employer, his agent, or his representative.
(e) The employer's workers' compensation insurer or its agent or representative.
(2) Any information relative to any other treatment or condition shall be available
to the employer or his workers' compensation insurer by subpoena or through a written
release by the claimant.
C.(1) Consistent with the policy of reasonable access to medical information for all
parties and notwithstanding the provisions of Article 510 of the Louisiana Code of Evidence
or any other law to the contrary, a health care provider, without the necessity of a subpoena
or other discovery device, shall verbally discuss medical information regarding the injured
employee with another health care provider examining the employee, a case manager, or a
vocational rehabilitation counselor assigned to provide rehabilitation for that injured worker.
No health care provider or his employee or agent shall be held civilly or criminally liable for
disclosure of the medical information conveyed pursuant to this Section. This Paragraph
shall not apply to examinations conducted by medical examiners appointed by the assistant secretary pursuant to R.S. 23:1123.
(2) In any verbal communication or personal conference between the vocational
rehabilitation counselor and any health care provider, for the purpose of providing
rehabilitation services, the employee or his agent or representative shall cooperate in
scheduling a reasonable date and time for such communication or conference and the
employee or his agent or representative shall be given fifteen days notice of any such
communication or conference, and shall be given the opportunity to attend or participate in
the communication or conference. Irrespective of the number of persons attending the
conference, the health care provider shall only charge a reasonable single fee.
(3) In addition to any other duty or responsibility provided by law, a case manager
or vocational rehabilitation counselor who is a party to a verbal communication with the
health care provider regarding an employee, as authorized by Paragraph (1) of this
Subsection, shall, within five working days of the communication, mail a written summary
of the communication and any work restrictions or modifications required for the employee's
reasonable return to employment to the employee, his representative, and the health care
provider. The summary shall be mailed by certified mail, return receipt requested, to the
employee or his representative, or by electronic mail if the employee or his representative
consents in writing to such method of transmission. It shall include a narration of any
diagnosis or opinion given or discussed, any conclusions reached concerning the vocational
rehabilitation plan, any return to work opportunities discussed consistent with the vocational
rehabilitation plan, and the medical evaluation of the health care provider.
(4) Any medical information released in writing shall be furnished to the employee
at no cost to him simultaneously with it being furnished to the employer, its insurer, agent,
or representative. Any such records or information furnished to the employer or insurer or
any other party pursuant to this Section shall be held confidential by them and the employer
or insurer or any other party shall be liable to the employee for any actual damages sustained
by him as a result of a breach of this confidence up to a maximum of one thousand dollars,
plus all reasonable attorney fees necessary to recover such damages. An exception to this
breach of confidentiality shall be any introduction or use of such information in a court of
law, or before the Office of Workers' Compensation Administration or the Louisiana
Workers' Compensation Second Injury Board.
D. Nothing in this Section shall be construed to authorize any case manager,
vocational rehabilitation counselor assigned to provide rehabilitation services for the injured
employee, or agent of the employer who is not treating the injured employee for his injuries
to attend the injured employee's medical examinations.