§ 20-77-706 - Waiver of physician-patient privilege -- Examinations and reports.
20-77-706. Waiver of physician-patient privilege -- Examinations and reports.
(a) Any person filing a claim under the provisions of this subchapter shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental, or emotional conditions of the claimant.
(b) If the mental, physical, or emotional condition of a claimant is material to a claim, upon good cause shown, the Cotrustees of the Special Needs Trust Revolving Fund may order the claimant to submit to a mental or physical examination. The order shall specify the time, place, manner, conditions, and scope of the examination and the person by whom it is to be made. The order shall also require the person to file a detailed written report of the examination with the cotrustees. The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions.
(c) The cotrustees shall furnish to the beneficiary a copy of any reports examined.
(d) The cotrustees may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which reparations are claimed.