Protecting your privacy
SAIF's policy is to protect your privacy and maintain the confidentiality of all claim file information and other personal and confidential information from public disclosure, unless the law requires or allows disclosure.
That policy is based on four concepts:
- SAIF employees need private information to do their jobs.
- Much of that information is extremely personal and protected by law from disclosure.
- Access to information is restricted to the information SAIF employees need to do their jobs.
- All employees share in the responsibility to protect confidential information.
What an adjuster can share with your employer:
- Work restrictions
- MCO information and medical appointments
- Accepted or denied conditions
Any other medical or vocational information requested by an employer can be released only if it's for a workers' comp purpose, if the employer has signed a confidentiality agreement, and if you sign a specific release.
The requirements of the Health Insurance Portability and Accountability Act (HIPAA) do not apply to information provided within the workers' compensation system (45 CFR §164.512(l)). However, other laws do apply to protect the confidentiality of claims information. For example, we cannot request any records that do not relate to a claim.
Injured worker information
Oregon law requires insurers to maintain the confidentiality of a worker's medical and vocational records. Those records can be disclosed only to the worker. There are five very limited exceptions to the rule when a worker's medical records can be released (but only for a workers' comp purpose):
- Disclosure made with consent of the worker or the worker's beneficiary
- Disclosure reasonably necessary for the insurer or its assigned claims agent to manage claims
- Disclosure to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure
- Disclosure pursuant to a written agreement that requires the receiving party to maintain the confidentiality of the records
- Disclosure otherwise required or permitted by law
SAIF instructs its staff to manage claims in accordance with the law. We do not share your information for employment purposes.