In consideration for its on-line access to the Workers' Compensation Trust's (Trust) workers. compensation files of the injured employees, the Employer agrees that it will not improperly disclose or use the confidential information obtained about an employee's workers' compensation claim, including any medical information or any proprietary information of the Trust. The Employer will limit disclosure to employees with a legitimate need to know the information for purposes of risk management, returnto- work benefits and other related reasons, and it will take all reasonable measures to protect the confidential information from any other disclosure on an ongoing basis.
Employer further agrees to comply with any procedures established by the Trust regarding disclosure, destruction, storing and handling of any confidential information. The Trust may periodically monitor the information that is being disclosed and forward requests to the Employer regarding the use of the information. The Trust may terminate online access at any time.
The Trust and the Employer shall take additional precautions against the unauthorized disclosure of sensitive health information, which shall include information regarding: sexually transmitted diseases; mental health; substance abuse; the human immunodeficiency virus and acquired immune deficiency syndrome; and genetic testing, including the fact that an individual has undergone a genetic test. Specifically, the Employer agrees to the following:
(a) The Employer guarantees and warrants that it will not use any individually identifiable medical record for marketing purposes or that it is accessing this information for marketing purposes.
(b) The Employer agrees to keep strictly confidential any confidential information and will not use such information other than for administering or monitoring the workers' compensation claim. The obligations imposed on the Employer will continue with respect to all confidential information following the termination of insurance coverage by the Trust.
(c) The Employer will indemnify and hold harmless the Trust for any intentional or unauthorized disclosure of individual information by the Employer, its employees or agents.
Confidential information. as used throughout this Agreement means any information used by the Trust in its administration of workers' compensation claims. Confidential information specifically includes relating to the physical, mental or behavioral health condition, medical history or medical treatment of an individual or a member of the individual's family that is obtained from a medical professional or medical care institution, from a pharmacy or pharmacist, from the individual, or from the individual's spouse, parent or legal guardian or from the provision of or payment for health care to or on behalf of an individual or a member of the individual's family, information on medical and indemnity benefits, file reserves, notes and memoranda of the Trust adjusters, nurses, physician consultants, managers, and other employees, as well as any correspondence to-or-from the Trust attorneys or investigators (see an attached example of a confidential on-line data sheet.)
The Employer understands that it is under no obligation to enter into this Confidentiality Agreement in order to continue to participate in the Trust's insurance program, but this Agreement is necessary if the Employer wishes to participate in the Trust.s on-line access. By signing below, the Employer agrees to maintain the confidentiality and abide by all other requirements on information made available or provided by the Trust in its on-line access service.
By clicking on the button below you are legally agreeing to the Confidentiality Agreement above.