§ 97-25.6. Reasonable access to medical information. - North Carolina Statutes

§ 97‑25.6.  Reasonableaccess to medical information.

Notwithstanding the provisionsof G.S. 8‑53, any law relating to the privacy of medical records orinformation, and the prohibition against ex parte communications at common law,an employer or insurer paying medical compensation to a provider renderingtreatment under this Article may obtain records of the treatment without theexpress authorization of the employee. In addition, with written notice to theemployee, the employer or insurer may obtain directly from a medical providermedical records of evaluation or treatment restricted to a current injury orcurrent condition for which an employee is claiming compensation from thatemployer under this Article.

Any medical records orreports, restricted to conditions related to the injury or illness for whichthe employee is seeking compensation, in the possession of the employee shallbe furnished by the employee to the employer when requested in writing by theemployer.

An employer or insurer payingcompensation 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, thereasonable and necessary treatment, the anticipated time that the employee willbe out of work, the relationship, if any, of the employee's condition to theemployment, the restrictions from the condition, the kind of work for which theemployee may be eligible, the anticipated time the employee will be restricted,and the permanent impairment, if any, as a result of the condition. When thesequestions are used, a copy of the written communication shall be provided tothe employee at the same time and by the same means as the communication isprovided to the provider.

Other forms of communicationwith a medical provider may be authorized by (i) a valid written authorizationvoluntarily 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 informationsought is necessary for the administration of the employee's claim and is nototherwise reasonably obtainable under this section or through other provisionsfor discovery authorized by the Commission's rules. In adopting rules orauthorizing employer communications with medical providers, the Commissionshall protect the employee's right to a confidential physician‑patientrelationship while facilitating the release of information necessary to theadministration of the employee's claim.

Upon motion by an employee orprovider from whom medical records or reports are sought or upon its ownmotion, for good cause shown, the Commission may make any order which justicerequires to protect an employee or other person from unreasonable annoyance,embarrassment, oppression, or undue burden or expense. (2005‑448, s. 6.1.)