SENATE BILL REPORT

SB 6617

BYSenators Anderson and Matson

Revising provisions for release of health care information under industrial insurance.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):January 30, 1990

Senate Staff:Dave Cheal (786-7576)

AS OF JANUARY 26, 1990

BACKGROUND:

Current provisions of the industrial insurance law significantly limit the physician-patient privilege.  Physicians who treat injured workers are required to make reports to the Department of Labor and Industries or the self-insurer on request relating to the condition or treatment of the worker in their care.  Medical information which, in the opinion of the department, is relevant to the claim must be made available to the employer, the claimant's representative or the department on request.  In the case of Loudon v. Mhyre, 110 Wn.2d 675 (1988), the Supreme Court affirmed the trial court's ruling that even though the plaintiff in a medical malpractice action had waived his physician-patient privilege, the waiver was not complete.  Defense counsel was still prohibited from having informal discussions with the plaintiff's physician and was limited to formal discovery procedures such as depositions, upon oral examination or answers to written interrogatories.  Although the Loudon opinion makes no mention of industrial insurance proceedings, it is felt that the decision could impact procedures in industrial insurance cases during the administration of the claim and on appeal.  The concern is that defense counsel would be precluded from having informal contact with the claimant's physician or independent examining physicians short of formal discovery procedures.

The Board of Industrial Insurance Appeals has recently ruled that the civil rules of discovery apply to proceedings before the board.  Under the board's decision, that means that once an appeal to the board is granted a physician may refuse to talk informally with the claimant, the employer, the department or any of their representatives, but is not prohibited from doing so.

SUMMARY:

Health service providers are authorized to discuss health care information in their possession or control with the employer, the Department of Labor and Industries, or their representatives at any stage of the administration of the claim or before any court on appeal from the Board of Industrial Insurance Appeals.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested