Subsection 351-5-1-011 - MEDICAL INFORMATION1.A. Pursuant to 39A M.R.S.A. §208(1), authorization from the employee for release of medical information by health care providers to the employee or the employee's representative, employer or the employer's representative, or insurer or insurer's representative is not required if the information pertains to treatment of an injury or disease that is claimed to be compensable under this Act regardless of whether the claimed injury or disease is denied by the employer/insurer.B. Pursuant to 39A M.R.S.A. §208(1), health care providers must, at the written request of the employer/insurer representative, furnish copies of health care records or other written information, including, but not limited to, billing records to the employer/insurer representative and to the employee representative (if none, to the employee) pertaining to a claimed workers' compensation injury or disease, regardless of whether the claimed injury or disease is denied by the employer/insurer. Copies must be furnished within 10 business days from receipt of the written request. An itemized invoice must accompany the copies sent to the requestor.C. Pursuant to 39A M.R.S.A. §208(1), health care providers must, at the written request of the employee or the employee's representative, furnish copies of health care records or other written information, including, but not limited to, billing records to the employee or the employee's representative pertaining to a claimed workers' compensation injury or disease, regardless of whether the claimed injury or disease is denied by the employer/insurer. Copies must be furnished within 10 business days from receipt of the written request. An itemized invoice must accompany the copies sent to the requestor.2.A. Except as provided in subsection 3 of this section, if the employer/insurer or employee representative contends that medical information pre-existing and subsequent to the workplace injury for which claim is being made is relevant to issues in the workers' compensation case, it shall use Form WCB-220, set forth in Appendix V. Within 14 calendar days the employee or the employee's authorized representative, as defined in paragraph C of this section, shall sign the release and return it to the requesting party.B. All parties, including health care providers, shall only use Form WCB-220 set forth in Appendix V. The use of forms other than the ones set forth in Appendix V and/or requiring additional forms is prohibited.C. For purposes of this section, "authorized representative" has the same definition as set forth in 22 M.R.S.A §1711-C(1)(A).D. Health care providers must furnish copies of the health care records within 30 calendar days from receipt of a properly completed Form WCB-220.E. Form WCB-220 may be revoked using Form WCB-220R.3.A. In the event that the employer/insurer or employee representative contends that testing, treatment or counseling records related to psychological matters, HIV/AIDS, substance abuse, or sexually transmitted disease matters are relevant to issues in the workers' compensation case, it may obtain such specific information as agreed upon by the represented parties. If the represented parties agree, the parties shall use Form WCB-220A, WCB-220B, or WCB-220C, set forth in Appendix V, as appropriate. Within 14 calendar days the employee or the employee's authorized representative, as defined in paragraph D of this section, shall sign the release and return it to the requesting party.B. All parties, including health care providers, shall only use Form WCB-220A, WCB-220B, or WCB-220C set forth in Appendix V. The use of forms other than the ones set forth in Appendix V and/or requiring additional forms is prohibited.C. In all other cases such information shall be requested on written motion to the Administrative Law Judge showing the need for the information. The Administrative Law Judge may authorize the release of this information subject to appropriate terms and conditions as to reasonable protection of confidentiality.D. For purposes of this section, "authorized representative" has the same definition as set forth in 22 M.R.S.A §1711-C(1)(A) E. Health care providers must furnish copies of the health care records within 30 calendar days from receipt of a properly completed Form WCB-220A, WCB-220B, or WCB-220C or within 30 calendar days from receipt of an order of an Administrative Law Judge.E. Form WCB-220A, WCB-220B, or WCB-220C may be revoked using Form WCB-220R.4.A. If an employee who is being paid pursuant to a compensation payment scheme revokes a medical release using Form WCB-220R, the employer/insurer may file a Motion to Compel with the Administrative Law Judge assigned to the case.B. The Motion must include, at a minimum: (i) A copy of the medical release form that was revoked;(ii) The relevant Form WCB-220R;(iii) Proof that the revocation was sent to the relevant health care provider(s);(iv) An explanation of why continued receipt of the medial records is necessary to adjust the employee's claim; and(v) Notice that the employee has 21 days to respond to the Motion.C. The employee may reply within 21 days after receipt of the Motion. The reply must explain why continued receipt of the medical records is not necessary to adjust the employee's claim.D. The Administrative Law Judge may grant the Motion to Compel if continued receipt of the medical records is necessary to adjust the employee's claim.5. Nothing in the Act or these rules requires any personal or telephonic contact between any health care provider and a representative of the employer/insurer.6. Health care providers must complete the M-1 form set forth in Appendix I in accordance with 39A M.R.S.A. §208. The use of a form other than the one set forth in Appendix I is prohibited and may subject the health care provider to penalty under 39-A M.R.S.A. §360.7. Pursuant to 39A M.R.S.A. §208, in the event that an employee changes or is referred to a different health care provider or facility, any health care provider or facility having health care records regarding the employee, including x rays, must forward all health care records relating to an injury or disease for which compensation is claimed to the next health care provider. When an employee is scheduled to be treated by a different health care provider or in a different facility, the employee must request to have the records transferred.8. Fees for copies of medical information are as set forth in §1.08 of this chapter. C.M.R. 90, 351, ch. 5, § 351-5-1, subsec. 351-5-1-011