Brief Overview:IME (Independent Medical Examination) results are generally considered confidential in New Brunswick. However, there are certain circumstances where the confidentiality of IME results may be waived.
Answer:
IME results in New Brunswick are generally considered confidential, but there are exceptions to this rule.
Supporting Facts:
1. Privacy laws: The Personal Health Information Privacy and Access Act (PHIPAA) in New Brunswick protects the privacy and confidentiality of personal health information, including IME results.
2. Consent: In order for an IME to take place, the individual being examined must provide their consent. This includes consenting to the release of their medical information and examination findings.
3. Limited disclosure: While IME results may be shared with relevant parties involved in a disability claim or legal proceedings, they should only be disclosed on a need-to-know basis.
4. Court orders: In some cases, a court order may require the disclosure of IME results despite their confidential nature.
5. Professional obligations: Healthcare professionals conducting IMEs have a duty to maintain confidentiality unless required by law or professional ethics to disclose information.
FAQs:
1. Can my employer access my IME results without my permission?
No, your employer cannot access your IME results without your consent as it would violate privacy laws.
2. Are insurance companies allowed to share my IME results with other parties?
Insurance companies can share your IME results with other relevant parties involved in assessing your disability claim or legal proceedings but should do so on a need-to-know basis.
3. Can I request that my IME report remain confidential?
While you can express your preference for keeping your report confidential during the examination process, it ultimately depends on whether any legal requirements override this request.
4. Will my healthcare provider keep my medical records separate from my IME report?
Healthcare providers have an obligation to keep medical records separate from the actual independent assessment report unless otherwise required by law or professional ethics.
5. Can a court order the disclosure of my IME results?
Yes, in certain circumstances, a court may order the disclosure of your IME results despite their confidential nature.
6. Can my lawyer access my IME results without my consent?
Your lawyer can access your IME results with your consent as they are considered privileged information between you and your legal counsel.
7. What happens if there is a breach of confidentiality regarding my IME report?
If there is a breach of confidentiality regarding your IME report, you may have legal recourse to seek damages for any harm caused by the unauthorized disclosure.
BOTTOM LINE:
IME results in New Brunswick are generally considered confidential under privacy laws, but there are exceptions to this rule such as court orders and individual consent. It is important for individuals undergoing an IME to understand their rights regarding the confidentiality of their assessment findings and medical records.