Section
§97‑25.6. Reasonable access to medical information.
Notwithstanding the provisions of G.S. 8‑53, any law relating to the privacy of
medical records or information, and the prohibition against ex parte
communications at common law, an employer or insurer paying medical compensation
to a provider rendering treatment under this Article may obtain records of the
treatment without the express authorization of the employee. In addition, with
written notice to the employee, the employer or insurer may obtain directly from
a medical provider medical records of evaluation or treatment restricted to a
current injury or current condition for which an employee is claiming
compensation from that employer under this Article.
Any medical records or reports, restricted to conditions related to the injury
or illness for which the employee is seeking compensation, in the possession of
the employee shall be furnished by the employee to the employer when requested
in writing by the employer.
An employer or insurer paying compensation for an admitted claim or paying
without prejudice pursuant to G.S. 97‑18(d) may communicate with an employee's
medical provider in writing, limited to specific questions promulgated by the
Commission, to determine, among other information, the diagnosis for the
employee's condition, the reasonable and necessary treatment, the anticipated
time that the employee will be out of work, the relationship, if any, of the
employee's condition to the employment, the restrictions from the condition, the
kind of work for which the employee may be eligible, the anticipated time the
employee will be restricted, and the permanent impairment, if any, as a result
of the condition. When these questions are used, a copy of the written
communication shall be provided to the employee at the same time and by the same
means as the communication is provided to the provider.
Other forms of communication with a medical provider may be authorized by (i) a
valid written authorization voluntarily given and signed by the employee, (ii)
by agreement of the parties, or (iii) by order of the Commission issued upon a
showing that the information sought is necessary for the administration of the
employee's claim and is not otherwise reasonably obtainable under this section
or through other provisions for discovery authorized by the Commission's rules.
In adopting rules or authorizing employer communications with medical providers,
the Commission shall protect the employee's right to a confidential
physician‑patient relationship while facilitating the release of information
necessary to the administration of the employee's claim.
Upon motion by an employee or provider from whom medical records or reports are
sought or upon its own motion, for good cause shown, the Commission may make any
order which justice requires to protect an employee or other person from
unreasonable annoyance, embarrassment, oppression, or undue burden or expense.
(2005.)
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