Summary
The Georgia Supreme Court held that OCGA § 34-9-207(a) permits an employer in a workers’ compensation case to seek relevant health information through informal ex parte oral communications with the employee’s treating physician after the employee’s claim-related confidentiality waiver is triggered. The court concluded that the State Board of Workers’ Compensation acted within its discretion in ordering the employee to sign a limited medical release or have her hearing request removed from the calendar. The court emphasized that communications must remain within the scope of the waived privilege and that treating physicians are not required to participate in ex parte interviews.
Topics
Practice areas
Questions Presented
- Whether OCGA § 34-9-207(a) permits an employer in a workers' compensation case to obtain relevant health information through informal ex parte oral communications with the employee's treating physician.
- Whether HIPAA or Georgia substantive medical-privacy law prohibits such ex parte communications when the employee's privilege has been waived under the Georgia Workers' Compensation Act.
- Whether the Board acted within its discretion by ordering McRae to sign a limited medical release or having her case removed from the hearing calendar.
Holdings
- OCGA § 34-9-207(a) requires disclosure of relevant information concerning the employee's examination, treatment, testing, or consultation, and the term information includes oral communications. Accordingly, the statute permits an employer to seek relevant protected health information informally through ex parte oral communications with the treating physician after the employee's privilege has been waived.
- HIPAA does not preempt Georgia workers' compensation law or prohibit ex parte communications authorized by that law. An employee's Georgia medical-privacy right is waived under OCGA § 34-9-207(a) as to information concerning the compensable injury when the employee submits a claim, receives weekly income benefits, or the employer pays medical expenses.
- The Board acted within its discretion by ordering McRae to sign a limited medical release authorizing ex parte communications concerning health information for which privilege had been waived, or alternatively removing her case from the hearing calendar.
Key quotations
“We conclude, therefore, that “information” as used in OCGA § 34-9-207 (a) includes oral communications and the Court of Appeals erred by interpreting OCGA § 34-9-207 (a) to prohibit oral communications between a treating physician and an employer.” (245)
“Therefore, we hold an employer may seek relevant protected health information informally by communicating orally with an employee’s treating physician.” (246)
“Because an employee maintains a right to privacy in any health information not pertaining to the compensable injury, we urge the parties when requesting such communications, and the board when authorizing them, to set parameters consistent with privacy protections afforded under state and federal law.” (247)
Factual background
Laura McRae sustained a work-related injury in February 2006 and filed a workers' compensation claim, which Arby's accepted as compensable. Arby's began paying income benefits and medical expenses, and McRae's treating physician later determined that she had reached maximum medical improvement and had a 65 percent permanent partial disability impairment. After the physician refused to meet ex parte with Arby's counsel, the Board ordered McRae to sign a release authorizing private communications concerning her claim; she refused, and her hearing request was removed from the calendar.
Procedural history
McRae filed a workers' compensation claim for a compensable workplace injury. After her treating physician declined to meet ex parte with Arby's counsel, Arby's sought an order requiring a medical release. The Board ordered McRae to authorize the communications and removed her hearing request from the calendar when she refused. The Board's appellate division and the superior court upheld the order, but the Court of Appeals reversed. The Supreme Court of Georgia reversed the Court of Appeals.