Keeping up with all the insurance company and claim information following a wreck can be challenging. So can deciding which forms you must sign, which forms you should sign, and which documents you should just throw in the trash. The at-fault party's insurance carrier is going to want all your healthcare information - not just the bills and records related to your accident. Therefore, the HIPAA forms they send you are usually very broad. You do not have to sign their health authorizations, however.
3 Options to Consider
In fact, I recommend one of three options to my fellow South Carolinians:
- Contact the adjuster and tell him/her that you will sign a HIPAA form that applies only to medical records since the date of the accident;
- Toss the health authorization form in the trash, and obtain the medical bills and records yourself;
- Consult with an attorney on the best course of action.
I offer free consultations, but even without having to meet in person, I can tell you that my general rule of thumb is this: in small cases (i.e. one hospital visit to get checked out and maybe a couple follow ups to your family doctor) signing a healthcare release probably isn't a big deal. The reason is that even if you had a number of preexisting conditions, the value of your case should not change based on past medical history.
Conversely, if you have a case that has significantly impacted or altered your life, please don't sign any type of insurance or healthcare forms without at least speaking to a lawyer. Insurance companies will dig through your entire medical history to use anything and everything they can against you. Rather than allowing an insurance adjuster to use that information against you, consult with a lawyer who can show you how your preexisting conditions actually help your case.
Contact an Expert If You're Unsure
Health authorizations - just like recorded statements and early settlement offers - are simply a ploy to pay you less than fair compensation. I help injured people throughout South Carolina, and would like to help you as well. Whether it be with free copies of my books or a free consultation, there is absolutely no harm in allowing me to answer questions about HIPAA forms or any other aspect of your accident case.