How much of an impact does the federal HIPAA law have on the WCAB subpoena?
A. Recent revisions to HIPAA did not intend to disrupt each state’s Workers’ Compensation laws and practices in place. As such, they constructed the following code section with respect to WCAB subpoenas. CFR 45 Sec. ยง 164.512 (l) Standard: disclosures for workers’ compensation. A covered entity may disclose protected health information as authorized by and to the extent necessary to comply with laws relating to workers’ compensation or other similar programs, established by law, that provide benefits for work-related injuries or illness without regard to fault.
