Department of Consumer and Business Services
Workers' Compensation Division - Chapter 436
Division 10
MEDICAL SERVICES
436-010-0240
Medical Records and Reporting Requirements for Medical Providers
(1) Medical Records and Reports.
(a) Medical providers must maintain records necessary to document the extent of medical services provided.
(b) All records must be legible and cannot be kept in a coded or semi-coded manner unless a legend is provided with each set of records.
(c) Reports may be handwritten and must include all relevant or requested information such as the anticipated date of release to return to work, medically stationary date, etc.
(d) Diagnoses stated on all reports, including Form 827, must conform to terminology found in the appropriate International Classification of Disease (ICD).
(2) Diagnostic Studies. When the director or the insurer requests original diagnostic studies, including but not limited to actual films, they must be forwarded to the director, the insurer, or the insurer’s designee within 14 days of receipt of a written request.
(a) Diagnostic studies, including films, must be returned to the medical provider within a reasonable time.
(b) The insurer must pay a reasonable charge made by the medical provider for the costs of delivery of diagnostic studies, including films.
(3) Multidisciplinary Programs. When an attending physician or authorized nurse practitioner approves a multidisciplinary treatment program for the worker, the attending physician or authorized nurse practitioner must provide the insurer with a copy of the approved treatment program within 14 days of the beginning of the treatment program.
(4) Release of Medical Records.
(a) Health Insurance Portability and Accountability Act (HIPAA) rules allow medical providers to release information to insurers, self-insured employers, service companies, or the Department of Consumer and Business Services. [See 45 CFR 164.512(l).]
(b) When patients file workers’ compensation claims they are authorizing medical providers and other custodians of claim records to release relevant medical records including diagnostics. The medical provider will not incur any legal liability for disclosing such records. [See ORS 656.252(4).] The authorization is valid for the life of the claim and cannot be revoked by the patient or the patient’s representative. A separate authorization is required for release of information regarding:
(A) Federally funded drug and alcohol abuse treatment programs governed by Federal Regulation 42, CFR 2, which may only be obtained in compliance with this federal regulation, and
(B) HIV-related information protected by ORS 433.045.
(c) Any medical provider must provide all relevant information to the director, or the insurer or its representative upon presentation of a signed Form 801, 827, or 2476. The insurer may print “Signature on file” on a release form as long as the insurer maintains a signed original. However, the medical provider may require a copy of the signed release form.
(d) The medical provider must respond within 14 days of receipt of a request for progress reports, narrative reports, diagnostic studies, or relevant medical records needed to review the efficacy, frequency, and necessity of medical treatment or medical services. Medical information relevant to a claim includes a past history of complaints or treatment of a condition similar to that presented in the claim or other conditions related to the same body part.
(e) Workers or their representatives are entitled to copies of all medical and payment records, which may include records from other medical providers. Workers or their representatives may request all or part of the record. These records should be requested from the insurer, but may also be obtained from medical providers. Insurers must respond to the workers’ or their representatives’ request within the timeframes provided in OAR 436-060-0017(5). Medical providers must respond within 14 days of receipt of a request from workers or their representatives for medical or payment records. A summary may substitute for the actual record only if the worker agrees to the substitution. The following records may be withheld:
(A) Psychotherapy notes;
(B) Information compiled for use in a civil, criminal, or administrative action or proceeding;
(C) Other reasons specified by federal regulation; and
(D) Information that was obtained from someone other than a medical provider when the medical provider promised confidentiality and release of the information would likely reveal the source of the information.
(f) A medical provider may charge the patient or the patient’s representative for copies at the rate specified in OAR 436-009-0060. A patient may not be denied summaries or copies of the patient’s medical records because of inability to pay.
(g) A medical provider is encouraged to discuss potential modified work duties with employers. However, a medical provider may not discuss medical treatments or diagnoses with employers, or release medical records other than work release documentation, to employer representatives who are not directly responsible for claims processing responsibilities. This subsection does not relieve a medical provider from the requirements outlined in subsections (a) through (d) of this section.
(5) Release to Return to Work.
(a) When requested by the insurer, the attending physician or authorized nurse practitioner must submit verification that the patient’s medical limitations related to their ability to work result from an occupational injury or disease. If the insurer requires the attending physician or authorized nurse practitioner to complete a release to return-to-work form, the insurer must use Form 3245.
(b) The attending physician or authorized nurse practitioner must advise the patient, and within five days, provide the insurer written notice of the date the patient is released to return to regular or modified work.
(6) Temporary Disability and Medically Stationary.
(a) When temporary disability is authorized by the attending physician or authorized nurse practitioner, the insurer may require progress reports every 15 days. Chart notes may be sufficient to satisfy this requirement. If more information is required, the insurer may request a brief or complete narrative report. The provider must submit a requested progress report or narrative report within 14 days of receiving the insurer’s request. If the medical provider fails to provide information under this rule within 14 days of receiving a request sent by fax or certified mail, penalties under OAR 436-010-0340 may be imposed.
(b) The attending physician or authorized nurse practitioner must, if known, inform the patient and the insurer of the following and include it in each progress report:
(A) The anticipated date of release to work;
(B) The anticipated date the patient will become medically stationary;
(C) The next appointment date; and
(D) The patient’s medical limitations.
(c) The insurer must not consider the anticipated date of becoming medically stationary as a date of release to return to work.
(d) The attending physician or authorized nurse practitioner must notify the patient, insurer, and all other medical providers involved in the patient’s treatment when the patient is determined medically stationary and whether the patient is released to any kind of work. The medically stationary date must be the date of the exam and not a projected date.
(7) Consultations. When the attending physician, authorized nurse practitioner, or the MCO requests a consultation with a medical provider regarding conditions related to an accepted claim:
(a) The attending physician, authorized nurse practitioner, or the MCO must promptly notify the insurer of the request for the consultation and provide the consultant with all relevant medical records. However, if the consultation is for diagnostic studies performed by radiologists or pathologists, no such notification is required.
(b) The consultant must submit a copy of the consultation report to the insurer and the attending physician, authorized nurse practitioner, or MCO within 10 days of the date of the exam or chart review. The consultation fee includes the fee for this report.
Statutory/Other Authority: ORS 656.726(4)
Statutes/Other Implemented: ORS 656.245, ORS 656.252 & ORS 656.254
History:
WCD 1-2024, amend filed 03/05/2024, effective 04/01/2024
WCD 1-2023, amend filed 03/09/2023, effective 04/01/2023
WCD 4-2022, amend filed 06/13/2022, effective 07/01/2022
WCD 2-2019, amend filed 03/11/2019, effective 04/01/2019
WCD 5-2018, amend filed 03/15/2018, effective 04/01/2018
WCD 1-2016, f. 3-7-16, cert. ef. 4-1-16
WCD 5-2015, f. 8-20-15, cert. ef. 10-1-15
WCD 3-2014, f. 3-12-14, cert. ef. 4-1-14
WCD 3-2009, f. 12-1-09, cert. ef. 1-1-10
WCD 2-2008, f. 6-13-08, cert. ef. 6-30-08
WCD 11-2007, f. 11-1-07, cert. ef. 1-2-08
WCD 5-2006, f. 6-15-06, cert. ef. 7-1-06
WCD 8-2005, f. 12-6-05, cert. ef. 1-1-06
WCD 2-2005, f. 3-24-05, cert. ef. 4-1-05
WCD 3-2004, f. 3-5-04, cert. ef. 4-1-04
WCD 14-2003(Temp), f. 12-15-03, cert. ef. 1-1-04 thru 6-28-04
WCD 13-2001, f. 12-17-01, cert. ef. 1-1-02
WCD 11-1998, f. 12-16-98, cert. ef. 1-1-99
WCD 12-1996, f. 5-6-96, cert. ef. 6-1-96, Renumbered from 436-010-0030
WCD 13-1994, f. 12-20-94, cert. ef. 2-1-95
WCD 11-1992, f. 6-11-92, cert. ef. 7-1-92
WCD 30-1990, f. 12-10-90, cert. ef. 12-26-90
WCD 14-1990(Temp), f. & cert. ef. 7-20-90
WCD 12-1990(Temp), f. 6-20-90, cert. ef. 7-1-90
WCD 1-1990, f. 1-5-90, cert. ef. 2-1-90
WCD 1-1988, f. 1-20-88, cert. ef. 2-1-88
WCD 6-1985, f. 12-10-85, cert. ef. 1-1-86
WCD 1-1984, f. & cert. ef. 1-16-84, Renumbered from 436-069-0101
WCD 5-1982, f. 2-23-82, cert. ef. 3-1-82