N.H. Admin. Code § Lab 503.01 - Disclosure of Information

(a) No claimant's representative, carrier, employer, attorney, vocational consultant or any representative of any party shall send anything in writing, including electronic communication, to the department or any of its personnel concerning a case before the department without simultaneously by the same method sending a complete copy with enclosures to the opposing party and any other party of record. A copy of all department written communication shall be sent simultaneously to all other parties. All written communication shall indicate the parties copied.

(b) Upon request, the claimant shall sign a medical authorization for the employer or his representative to obtain medical records for any condition the claimant claims is related to the work injury or which the employer has reason to believe is relevant to the work injury. Such authorization shall state in bold print in a font size at least 2 points larger than that used in the request:

(1) "This request is strictly limited to medical information relevant to the occupational injury or illness that underlies the patient's workers' compensation claim, including any past history of complaints of, or treatment of, a condition similar to that claim."

(c) Any written communication including electronic communication to a treating physician or other practitioner by the employer or his representative or by the claimant or his representative shall be sent simultaneously by the same method to the opposing party. Any enclosures sent with the request shall also be sent simultaneously to the opposing party.

(d) Upon request, the claimant or the claimant's representative, or the employer or his representative shall be sent complete copies of the following:

(1) All responses to communications described in paragraph (c) of this section;

(2) All medical and any other examination or treatment records together with a copy of the employer's correspondence with the examiner or practitioner; and

(3) All vocational consultant reports and any written communication sent or received from any person or entity contacted in the vocational rehabilitation process.

(e) Copies of correspondence among parties shall not be sent to the department unless required by specific rule or statute or the correspondence requests an action by the department.

(f) Any employer or carrier who receives a medical record which is clearly irrelevant to the case and sends such record, or a copy of it, to another person not authorized to receive such record shall be assessed a civil penalty up to $2,500 pursuant to RSA 281-A:23 V, (a) (3) and pursuant to Lab 508.02.

Notes

N.H. Admin. Code § Lab 503.01

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90

New. #5235, eff 9-27-91, EXPIRED: 9-27-97

New. #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98

New. #6806, eff 7-18-98); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07

New. #9019, eff 11-1-07

Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Effective 4/1/2016, Expires 4/1/2026.