Following your car accident, you will be asked to provide several important pieces of information and sign numerous documents and forms. It is important you be aware of what you are signing and that you do not blindly sign any form that is presented to you. If you are seeking compensation for medical injuries, one of the forms you may have handed to you is a medical authorization form. This form could come from your insurance provider or the other provider, depending on fault and your state’s laws. Should you sign the form as soon as it is given, and if not, what information should you provide?
If you have been in an accident and file a personal injury claim, you may be asked to sign a medical authorization form. This form allows the insurance company to access your medical records and review your medical history. This could be damaging to your personal injury claim if the other party and their insurer access more than the medical records pertaining directly to the accident.
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
What Is a Medical Authorization?
A general medical authorization form gives authorization from you, the patient, to a third party for access to your medical records. These forms can be limited in scope or can be as broad as granting access to pretty much anything in your records. Insurance companies tend to utilize generic forms that grant blanket access to your medical records. This authorization also grants them permission to speak with your doctor(s) without you present.
Why Is This So Serious?
When we are talking access, we are talking total access to everything. Think back to your most intimate medical details. Do you want just anyone seeing them? Probably not. Well, a blanket medical authorization form gives the claims adjuster full authority to view pretty much any medical document, including those personal to you that have absolutely nothing to do with your injuries from the accident. Is this information any of their business? Arguably no. It is for this reason that it is important that you do restrict what they see.
How Full Access To Your Medical History Affect Your Claim?
When they access your medical records, they will look for similar injuries or other conditions that could be related to the injury that you are claiming from the most recent accident. As an example, you may have undergone neck surgery a couple of years ago. Now you have been in a car crash, you have suffered neck injuries.
When the insurance company reviews your medical records, they determine that you have a pre-existing neck injury. They allege that they are not responsible for your injuries because they were in existence prior to the car accident. They deny your personal injury claim and say that their customer isn’t liable for any of your injuries or damages.
Since the insurance has those medical records, you may not be compensated fairly to deal with the recovery process for your neck injury. That means that you will be left paying for much of your medical care out of pocket and you won’t be compensated for all your lost earnings. If the insurance didn’t have access to your medical records, then they wouldn’t have known about the prior injury.
Relevant Information Only
First, review the form to make sure that the information that is being requested is relevant to your injury from the car accident. Was your arm broken? If so, then it is safe to say that information regarding your gall bladder surgery from two years ago is not necessary. Make sure that the information the insurance company is requesting is limited solely to the injury involved and the time period where the injury would be relevant. They do not need records dating back to your birth when the car accident only happened a month ago. Give them only what they need and be limited at that.
Confidential Information Protected
Make sure that anything that is considered privileged or confidential is protected, as well. Medical records include a lot of information that is considered confidential in terms of your identity and records, and you need to ensure that information is not released. The insurance company will not need something with your social security number on it, so anything like that needs to be redacted before records are released.
What Is HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) was passed by Congress in 1996. The HIPAA law addresses several issues, specifically – policies, record keeping, technology, and building safety. This law prevents medical providers from keeping unsecured records, improper disposal of records, employee gossiping or sharing of medical records, or the unauthorized release of medical records.
Third-party disclosure of medical records is limited. Medical issues should only be discussed with those who need to know about them, such as the patient, the doctors, and the person who is billing for the care and/or procedures.
If someone has access to this information and provides copies of the details to others or discusses it with others who don’t have a right to access it, then the laws have been violated. The only way that others can legally access your information is if you sign a waiver or authorization that grants permission.
You shouldn’t sign any kind of authorization to release records without first consulting with your personal injury lawyer. Your lawyer will look out for your best interests and will determine what records – if any – should be released to the insurance company of the liable party.
Medical Authorization Form Children vs. Adults
A child cannot give other parties permission to access their medical files. If a child has been in an accident, their records can only be released by their parents or legal guardians. The legally responsible party would have to give permission for the files to be released to the insurance company for inspection.
A personal injury claim for a minor will have to be filed by an adult, and the adult will be responsible for signing any required forms. Releasing medical records for a minor can also be damaging to a personal injury claim. You should retain a personal injury attorney before agreeing to allow access to anyone’s medical records during a personal injury claim.
Most likely, your accident injury lawyer will determine that your past medical records – or the medical history of your child – isn’t relevant to your current accident injury claim. In that case, your attorney will correspond with the insurance company and explain that the release of medical records isn’t necessary, and that he or she is not recommending for you to agree to release them or to sign any authorization.
From that point, your accident injury lawyer will work to handle negotiations with the liable party to reach a fair settlement for the injuries and damages that were suffered by you and/or your child because of the accident.
When and if you do sign a waiver, you can specify specific medical records for release and choose to not release your complete medical history. You can also choose to release medical records from a single provider and not all of them.
Your attorney will most likely say that you should only release medical records relevant to your accident. The insurance will need access to those records to learn about your injuries as they pertain to your personal injury claim.
Your lawyer will access those files and will provide records directly to the other party and their insurer, to make sure they have the supporting documentation that they need regarding your personal injury case.
Limited Information Only
Even if the information they are requesting do relate to the injuries you sustained in your car accident, you need to make sure they are receiving as limited information as possible to protect your own rights in your case. They will be looking for anything at all that you said or did or that the doctor could say or do that would release them from having to pay for any medical injury. If you give them full release to speak to your doctor without you being present or without any restriction, they could start digging for information that would otherwise be privileged and could hurt you later. It is best to protect yourself now and make them work to get this information if it is, indeed, needed. If the insurance company continues to push after you resist in signing an authorization form, that is a good sign that it may be time to speak to a personal injury attorney who can communicate on your behalf when these requests are made.
Contact an Attorney Today
If you have been in a car accident and the insurance company is wanting you to sign a medical authorization form, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
Your lawyer will review the details of your case and conduct his or her own investigation, gathering supporting evidence and documentation to determine the extent of your losses and the value of your claim. Your attorney will also make sure all of your losses are included in your claim, such as past and future medical expenses, past and future lost wages, pain and suffering, property damages, mental anguish, and any other losses that you may have incurred because of the accident.
