99-41-15 - Filing of claim as waiver of physician-patient confidentiality; ordering mental or physical examination or autopsy.
§ 99-41-15. Filing of claim as waiver of physician-patient confidentiality; ordering mental or physical examination or autopsy.
(1) Any person filing a claim under the provisions of this chapter shall be deemed to have waived any physician-patient privilege as to the communications or records relevant to an issue of the physical, mental or emotional conditions of the claimant. However, any record or report obtained by the director, the confidentiality of which is otherwise protected by any other law or regulation, shall remain confidential, subject to such law or regulation.
(2) If the mental, physical or emotional condition of a claimant is material to a claim, the director, upon good cause shown, may order the claimant to submit to a mental or physical examination and may order an autopsy of a deceased victim. The order shall specify the time, place, manner, conditions and scope of the examination or autopsy and the person by whom it is to be made. The order shall also require the person to file with the director a detailed written report of the examination or autopsy. The report shall set out the findings of the person making the report, including the results of all tests made, the diagnosis, prognosis and other conclusions and reports of earlier examinations of the same conditions.
(3) The director shall furnish a copy of the report examined. If the victim is deceased the director shall furnish a copy of the report to the claimant on request.
(4) The director may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which compensation is claimed.
Sources: Laws, 1990, ch. 509, § 8; Laws, 1996, ch. 506, § 6, eff from and after July 1, 1996.