If you were injured at work, in a car accident, or in some other way, you may be asked to provide “blanket medical authorization” to the other party’s insurance company. You may think to yourself, “It’s just another form to fill out.” But the problem is, it’s a particularly invasive form that can derail your legal case.
As Las Vegas accident injury attorneys, we frequently see cases where people sign these documents without giving them a second thought—only to regret it later when their private medical information is exposed and their credibility is undermined.
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What Are Blanket Medical Authorizations in Personal Injury Cases?
An insurance company may request that you complete one of these forms to give them broad access to your medical records. Unlike a specific medical release, which may pertain to a single provider or a limited timeframe related to your injury, a blanket authorization gives broader permission. In fact, some authorizations can give the insurer free access to your entire medical history.
They may say that this is necessary for resolving your case, but blanket authorization increases the risk that your information could be used or shared in ways you might not want.
The Risks of Signing Without Understanding
Here’s a deep dive into the risks of signing one of these broad-brush medical authorizations without knowing what it’s all about:
May Grant Access to Sensitive Medical Information
A blanket medical authorization may allow new eyes to see beyond what is necessary for your care or claim. For instance, if you are pursuing a personal injury claim, signing a blanket medical authorization could allow opposing parties to review unrelated medical history, potentially complicating your case.
Let’s say you got whiplash when a driver rear-ended your car. The opposing party might be able to review your medical record and see that you injured your neck and back while playing football in high school. They may then try to blame your symptoms on your previous sports injury.
In another example, let’s say that you got in a car accident that led to post-traumatic stress disorder. Your PTSD has hurt your ability to work and maintain relationships. Your crumbling marriage is evidence of the toll your accident is taking, but your blanket medical authorization allows the insurance company free access to all of your medical records, even mental health records showing that you sought marriage counseling over a decade ago—long before the accident. They may try to use this to show that your marriage problems are unrelated to your accident.
May Expose You to Privacy Violations
Broad authorizations increase the number of people who can legally view your records, which means your information could be mishandled or disclosed inappropriately. Some authorizations could even allow the insurance company to talk to your medical provider without your knowledge, which could lead to mischaracterizations. Ultimately, these authorizations could compromise your medical privacy and even lead to higher insurance premiums.
May Make Your Records Available Long-Term
Some medical authorizations remain valid indefinitely, which means your consent could extend long after the original purpose has been fulfilled. That means someone could reach into your medical record a decade from now to access information you did not know was still available.
Questions to Ask Before Signing
We’re not saying you should refuse to sign medical authorizations. Of course, insurance companies will need some access to medical records related to your accident. But we are saying that you should review these authorizations carefully and beware of those that allow too much access. You can vet these forms by asking some basic questions:
- Which entities will have access to my medical records?
- What types of records are included in the authorization? Does it cover only recent visits? Or all historical records?
- How long does this authorization remain valid?
- Can I revoke the authorization at any time? And if so, what is the process?
- Are there restrictions on sharing my information with third parties beyond insurance companies?
When you ask these questions, you can make more informed decisions and limit unnecessary exposure of your personal health information.
If you’re being required to complete an authorization form but have concerns, talk to an attorney. They can give you suggestions for tailoring the authorization so it doesn’t compromise your privacy.
Revoking a Blanket Authorization
Let’s say that you signed one of these authorizations without realizing the risks. In some cases, you have the right to revoke a blanket medical authorization. To do so, you typically need to submit a written request. Keep copies of all communications for your records, and make sure to get written confirmation that the revocation has been received and carried out.
Unfortunately, this may not affect actions taken before the revocation was processed. For instance, let’s say you were involved in a work accident and signed a blanket authorization from your employer’s insurance company. Later, you regret your decision and revoke the authorization. This can keep your information from going out to any parties in the future, but it may be difficult to limit the effect of information that has already been released to the insurance company.
Sign with Caution
Follow these best practices when you’re asked to sign a blanket medical authorization:
- Review the form thoroughly before signing. Don’t rely on verbal explanations alone.
- Try to limit the scope to the records surrounding your accident, specifying which records or providers can be accessed.
- Keep a copy of signed authorizations for your records.
- If you request a revocation of all or part of your authorization, follow up to make sure your restrictions are honored.
These steps allow you to provide necessary access while maintaining control over your personal health information.
Talk to an Attorney
No matter how nice or sympathetic an insurance agent may seem, they have one priority: their own bottom line. That’s why it’s best to get the help of an attorney from the get-go. Whether it’s a workers’ compensation attorney for your on-the-job accident or an auto accident attorney for your car crash, an experienced legal professional can help you know what to sign and what not to sign.
A lot is on the line, and Big Insurance knows what buttons to push to get what they want. An experienced attorney can help you avoid doing something that could keep you from getting the compensation you are legally entitled to.