I’ve been on STD and LTD for about 1.5 years now and am attempting work hardening. I’m on disability for multiple reasons (major depression triggered by abuse, cumulative grief overload, partners worsening addiction, CAS, domestic violence, exacerbated chronic pain) and still working through things. The rehab consultant scheduled me going for 3 appointments per week/ 4 weeks and then back to work. I met with my doctor to get documentation requesting a gentle start of 1 appointment per week so as to not trigger overwhelm, pain flareups, and new depression onset. My rehab consultant lied to me in email claiming the service provider was unaware of my doctor written request. In fact, the service provider had the doctors note on file 1 week early AND I spoke to them at length about it during my appointment. Latest development, the service provider is withholding my medical assessment and progress reports from me because the insurance company wont allow it and service provider said they have to obey since insurance is their client who is paying for the services. I never consented to being excluded from my own medical records. I need the reports to check accuracy and coordinate with my private service providers. Is lying, withholding information, and conflict of interest legal? What should I do? I would greatly appreciate any suggestions you may have.
Tell the service provider you’d like your complete medical records and documentation by the end of the day otherwise you will be reporting them for unethical behavior to their licensing board for keeping your own medical documentation away from you. I’m assuming your service provider has some type of license.
Contact your insurance provider and be blunt
and demand all reports must be sent to your doctor immediately.
Do all the above verbally then also send emails stating the same.
It sounds like you have had a tough go, I’m sorry. I find it best to focus on what you can do in the future.
The first step is a good faith attempt at the work hardening and return to work. Keep coordinating this with whoever is managing it for you. Do it in writing and keep notes for yourself.
The second, separate, step, is to google your province’s freedom of information and protection of privacy act. In most (all?) provinces you can put in a formal request for a copy of your personal information from anyone who holds it.
For instance this is BC’s system:
I’m guessing if they don’t want to show it to you then it probably is in your favour…
Very helpful, In Ontario here’s information:
The Information and Privacy Commissioner of Ontario oversee Ontario’s health privacy law, referred to as the Personal Health Information Protection Act. Under that law, patients have the right to request access or corrections to their health records.
Patients should have an understanding of how their personal health information will be collected, used and disclosed and how they may access their health records. If a patient requests a copy of his or her record, a copy should be provided
Very helpful. I received an immediate response after doing this.
Excellent!
Ha ha apparently I have to say more than Excellent! to be allowed to post so…
Excellent!!!
There is a fine line on what records you have a “right” to get an what records a medical provider is allowed to keep from you. If the records relate to treatment then you have a right to them. However, if the record relates to an assessment done for the purpose of evaluating the claim, then you may not have a right to get it. Depends on the nature of the records - treatment vs medical evaluation for claim.
You have to get the records by going directly to the insurer, rather than the medical provider. Make the freedom of information request to the insurer, rather than the medical provider.
David Brannen
Disability Lawyer with Resolute Legal
The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-917-7050 to speak with a member with our disability claim support team.