Auto Insurance Claims: HIPAA compliant form, medical release form, applicable state law


Question
Hi Richard!  I was involved in a car accident. It was the other driver's fault and his insurance is accepting liability. His insurance wants me to give authorization to release my medical records to them. This is what the form says, "The records covered by this HIPAA Compliance Authorization cover the time period beginning five (5) years prior to the date of last treatment, the date of the last treatment and up to and including the date of Provider's compliance with this HIPAA Compliant Authorization."
This seems a bit much. I can understand releasing records that pertain only to the accident itself, but I don't think they need 5 years worth of medical history to process my claim. Are they just "phishing" here? Are they just trying to push to see how much they can get from me so they can cook up some reason not to reimburse me? The form they want me to sign also says, "I acknowledge that I am aware that the consequences of my not signing this Authorization can include a delay in the processing/resolution of the claim, a potential denial of the claim, or other consequences recognized by applicable state law and/or the insurance policy at issue.   I live in Maryland and that is where the accident occurred. Thanks for your help.

Answer
Hi Marlee,

You are correct. The insurance company will be trying to uncover information about past injuries, illnessess or conditions that they can relate to this injury thereby minimizing the current injury. You should call and tell them to send a medical release form that pertains only to the treatment resulting from the collision of whatever date. If they refuse to do so, you may want to speak to an attorney to verify your rights and what you are required to provide in your state.

I hope this helps
Richard Hixenbaugh