Bill > LB456

This bill amends the Nebraska Workers' Compensation Act to establish a process for obtaining medical records during workers' compensation claims. Specifically, the bill requires an employee filing a workers' compensation claim to provide a patient's waiver upon request, allowing their employer or workers' compensation insurer to obtain previous hospital and medical records from physicians, psychologists, and other medical providers. However, the bill includes important privacy protections, prohibiting access to records related to sexual abuse, HIV, reproductive health, or mental health conditions, except in cases where the employee is seeking benefits for mental health or substance abuse injuries. The compensation court will develop a standard waiver form, and healthcare providers who release records under this waiver will be protected from criminal or civil liability. If an employee fails to provide the waiver, the thirty-day period for liability determination will be paused. The bill aims to balance the need for comprehensive medical information in workers' compensation cases with protecting sensitive personal health information.

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https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59378