HOUSE BILL NO. 557

INTRODUCED BY D. EWER

A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THE DISCLOSURE OF HEALTH CARE INFORMATION RELATED TO A WORKERS' COMPENSATION CLAIM; AMENDING SECTION 50-16-527, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 50-16-527, MCA, is amended to read:

"50-16-527. Patient authorization -- retention -- effective period -- exception. (1) A health care provider shall retain each authorization or revocation in conjunction with any health care information from which disclosures are made.

(2) Except for authorizations to provide information to third-party health care payors, an authorization may not permit the release of health care information relating to health care that the patient receives more than 6 months after the authorization was signed.

(3) Health care information disclosed under an authorization is otherwise subject to this part. An authorization becomes invalid after the expiration date contained in the authorization, which may not exceed 30 months. If the authorization does not contain an expiration date, it expires 6 months after it is signed.

(4) Notwithstanding subsections (2) and (3), a signed claim for workers' compensation or occupational disease benefits authorizes disclosure to the workers' compensation insurer, as defined in 39-71-116, by the health care provider. The disclosure authorized by this subsection relates only to relevant information concerning the claimant's condition. Health care information relevant to the claimant's condition may include past history of the complaints of or the treatment of a condition that is similar to that presented in the claim, conditions for which benefits are subsequently claimed, other conditions related to the same body part, or conditions that may affect recovery. The physician in possession of the relevant health care information related to the claimant's condition shall determine what information is relevant to the claim. A physician's denial of a request for the records may not be used as the sole basis by an insurer to deny or terminate medical benefits. A workers' compensation insurer may not obtain or attempt to obtain authorization from a claimant for the release of medical information that is not relevant to the claim for workers' compensation. Authorization under this section is effective only as long as the claimant is claiming benefits."

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.

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