The director of the department of labor and
industries or the director's authorized representative shall have
the authority to:
(1) Conduct audits and investigations of providers of
medical, chiropractic, dental, vocational, and other health
services furnished to industrially injured workers pursuant to
Title 51 RCW. In the conduct of such audits or investigations,
the director or the director's authorized representatives may
examine all records, or portions thereof, including patient
records, for which services were rendered by a health services
provider and reimbursed by the department, notwithstanding the
provisions of any other statute which may make or purport to make
such records privileged or confidential: PROVIDED, That no
original patient records shall be removed from the premises of
the health services provider, and that the disclosure of any
records or information obtained under authority of this section
by the department of labor and industries is prohibited and
constitutes a violation of RCW 42.52.050, unless such disclosure
is directly connected to the official duties of the department:
AND PROVIDED FURTHER, That the disclosure of patient information
as required under this section shall not subject any physician,
licensed advanced registered nurse practitioner, or other health
services provider to any liability for breach of any confidential
relationships between the provider and the patient: AND PROVIDED
FURTHER, That the director or the director's authorized
representative shall destroy all copies of patient medical
records in their possession upon completion of the audit,
investigation, or proceedings;
(2) Approve or deny applications to participate as a
provider of services furnished to industrially injured workers
pursuant to Title 51 RCW;
(3) Terminate or suspend eligibility to participate as a
provider of services furnished to industrially injured workers
pursuant to Title 51 RCW; and
(4) Pursue collection of unpaid overpayments and/or
penalties plus interest accrued from health care providers
pursuant to RCW 51.32.240(6).
[2004 c 243 § 6; 2004 c 65 § 13; 1994 c 154 § 312; 1993 c 515 § 6; 1986 c 200 § 2.]
NOTES:
Reviser's note: This section was amended by 2004 c 65 § 13 and by 2004 c 243 § 6, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Adoption of rules -- 2004 c 243: See note following RCW 51.08.177.
Report to legislature -- Effective date -- Severability -- 2004 c 65: See notes following RCW 51.04.030.
Parts and captions not law -- Effective date -- Severability -- 1994 c 154: See RCW 42.52.902, 42.52.904, and 42.52.905.