It is often erroneously asserted that workers’ compensation documents are not subject to the Health Insurance Portability and Accountability Act (HIPAA).

Under HIPAA regulations, medical records may be obtained without authorization “as authorized by and to the extent necessary to comply with laws relating to workers’ compensation or similar programs.” Medical providers are required reasonably to limit the amount of protected health information disclosed under C.F.R. 164.512 (e) to the minimum necessary to accomplish the workers’ compensation purpose.

Bottom line: the insurance company and their attorneys are not entitled to see all of your medical records.