Artificial intelligence [AI] opens new frontiers for workers’ compensation law firms and insurance companies. Last week, Google announced new applications that will vastly expand how workers’ compensation claims can be serviced, managed, and supported.
Showing posts with label privacy. Show all posts
Showing posts with label privacy. Show all posts
Tuesday, September 5, 2023
Wednesday, October 6, 2021
Is It Your Employer’s Business if You Are Vaccinated?
Privacy issues have arisen as employers throughout the U.S. are mandating and/or encouraging COVID vaccinations. The U.S. Department of Health and Human Services [H.S.S.] recently issued guidance on workplace vaccinations and the Health Insurance Portability and Accountability Act (H.I.P.P.A.), 42 U.S.C.A. § 201 et seq.
Friday, June 21, 2019
AI and Workers' Compensation: Who is Watching the Machine?
Artificial intelligence [AI] is the new challenging frontier in the administration of workers’ compensation benefits. While there are cost savings benefits that will be achieved through deep learning and machine intervention there are also serious ethical concerns coming to the forefront as this new technology evolves.
Deep machine learning is complicated and it is in an ambitious goal. The result may afford a good prediction, but it lacks an explanation of "why" in many instances.
The potential decrease costs in both administration and payment of workers’ compensation benefits have been alluded to in advertisements of software manufacturers. Already vendors are claiming reductions including: a 5% reduction in claims cost; a 50% decrease in the cost of medical-only claims; and a 25% to 60% reduction in attorney involvement.
AI programs transfer the decision-making role onto a computer algorithm rather than a human being. In others words, the plight of the injured worker is not left to the decision making capacity of an adjuster, but rather a computer utilizing logarithms. The logarithms can be biased concerning such stereotypes as: racial, demographic, genetic, gender, economic, and/or religious. AI can be utilized to admit or deny claims, restrict temporary disability benefits and direct medical care.
The lack of privacy in the vast amount of data flowing into machine learning programs continues unabated. Some of the data is distributed without consent and without transparency. How much of this data is used by AI programs remains unknown. The process is unexplainable.
Computer based learning systems have available vast amounts of data, from unknown sources, that form a gold mine of information available. Insurance carriers and employers can use this data to reduce claims costs and ultimate payouts. The data grows daily from multiple sources both with in the workers’ compensation community as well as from collateral information resources. In the information world the availability of electronic information grows constantly.
The deployment of artificial intelligence programs that involve deep machine learning raise significant issues involving questions as to the explainability of the decision making process. The Explainability of Artificial intelligence [XAI] including the algorithms employed in the decision making process is problematic. An overriding question is who is responsible for the potential harm since an individual cannot sue a computer.
The ethical dilemma created is that it is difficult to regulate logarithms. The federal government has taken the lead on this challenging issue. The Defense Advancement Research Projects Agency [DARPA] assesses how the components of AI can be explained and applied in a responsible manner. The components include: how rich, complex and subtle information is perceived; how the machine learns the information within an environment; how the information is abstracted to create new meanings; and how artificial intelligence can reason to plan and decide.
The integrity of workers’ compensation is being challenged by AI systems that lack explainability. The goal of employers and or insurance companies in utilizing AI for cost-claim reduction is noble. The playing field must remain balanced and the right to “due process” in workers compensation programs needs to be preserved. The oversight by governance, policy, and rules concerning XAI should be utilized to maintain the integrity of workers’ compensation programs.
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.
Wednesday, April 27, 2016
Privacy: Court Mandates Protective Order for Workers' Compensation Discovery
Plaintiff in mesothelioma case sought production of defendant's (Union Carbide Corp) employees' workers' compensation claim records. The corporate defendant, Union Carbide Corp) sought to restrict access and limit dissemination of the records of the workers' compensation matters sought through discovery.
Confidentiality is a two sided sword. Historically asbestos litigation had its genesis in workers' compensation claims. In this instance the Corporate Defendant sought the utilization of privacy restrictions as a defense.
Confidentiality is a two sided sword. Historically asbestos litigation had its genesis in workers' compensation claims. In this instance the Corporate Defendant sought the utilization of privacy restrictions as a defense.
Monday, February 8, 2016
Defense Firm Prohibited From Seeking Unfettered Medical Discovery
A defense firm, that had a “custom” of seeking unlimited medical discovery in workers’ compensation claims, was barred from utilizing that litigation tactic. The NJ Appellate Division affirmed the trial level decision of The Honorable Emille R. Cox, Supervising Judge of Compensation that prohibited requests for unlimited medical data.
Saturday, January 9, 2016
Insurance Company Plans to Track Movements of Workers In The Name Of Safety
A major workers’ compensation insurance carrier is planning to “tag” workers with individual movement trackers in the name of safety. Privacy issues were not addressed in the announcement.
American International Group, Inc. (NYSE:AIG) today announced a strategic investment in Human Condition Safety (HCS), an early-stage technology startup company developing wearable devices, analytics, and systems to improve worker safety.
Monday, May 18, 2015
Bill delays compensation for asbestos victims, puts privacy at risk
Washington, D.C. — The following is a statement from American Association for Justice CEO Linda Lipsen on today’s markup of the Furthering Asbestos Claims Transparency (FACT) Act (H.R. 526) in the U.S. House of Representatives Committee on the Judiciary:
“Asbestos is still legal in the United States, and with 12,000 to 15,000 Americans suffocating to death every year from asbestos diseases, Congress should act to protect the public by demanding transparency from asbestos corporations. Instead, the FACT Act will grant a handout to the very corporations that poisoned and killed hundreds of thousands of Americans, while doing nothing to prevent further exposure to this deadly toxin.
“The asbestos industry is the only supporter of the FACT Act, and to date, this committee has refused to hear testimony from people who have experienced the ravages of asbestos diseases. Americans should be outraged that this markup will go forward without consideration of the people who will shoulder the entire burden of this one-sided bill – asbestos victims and their families."
“Asbestos is still legal in the United States, and with 12,000 to 15,000 Americans suffocating to death every year from asbestos diseases, Congress should act to protect the public by demanding transparency from asbestos corporations. Instead, the FACT Act will grant a handout to the very corporations that poisoned and killed hundreds of thousands of Americans, while doing nothing to prevent further exposure to this deadly toxin.
“The asbestos industry is the only supporter of the FACT Act, and to date, this committee has refused to hear testimony from people who have experienced the ravages of asbestos diseases. Americans should be outraged that this markup will go forward without consideration of the people who will shoulder the entire burden of this one-sided bill – asbestos victims and their families."
Thursday, July 10, 2014
Patient Access To Physicians Notes: An Experiment of Psychological Importance
| Today's post is shared from the NYTimes.com What would happen if all workers' compensation patients had access to all their treating physician's records including pschiatric care? Would such access assist in limiting and increasing litigation for continued medical care and the need for medical treatment? David Baldwin wasn’t sure how he had come across the other day in group therapy at the hospital, near the co-op apartment where he lives with his rescue cat, Zoey. He struggles with bipolar disorder, severe anxiety and depression. Like so many patients, he secretly wondered what his therapist thought of him. But unlike those patients, Mr. Baldwin, 64, was able to find out, swiftly and privately. Pulling his black leather swivel chair to his desk, he logged onto a hospital website and eagerly perused his therapist’s session notes. The clinical social worker, Stephen O’Neill, wrote that Mr. Baldwin’s self-consciousness about his disorder kept him isolated. Because he longed to connect with others, this was particularly self-defeating, Mr. O’Neill observed. But during the session, he had also discussed how he had helped out neighbors in his co-op. “This seems greatly appreciated, and he noted his clear enjoyment in helping others,” Mr. O’Neill wrote. “This greatly assists his self-esteem.” A smile animated Mr. Baldwin’s broad, amiable features. “I have a tough time recognizing that... |
Related articles
Monday, July 7, 2014
Swear Off Social Media, for Good or Just for Now
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| Social Media Landscape (Photo credit: fredcavazza) |
| If you have a pending workers' compensation claim many believe that you should be off social media entirely since employers and their insurance companies mne the data posted to defend their claims. Others are finalizing realizing that social media sites are not their friend and giving away personal data freely is a very bad thing. I agree, that leaving social media sites generally should be encouraged for personal privacy reasons. Do you want "data brokers" to have your personal information and market it? One should consider getting off social media, the faster the better. It is a tedious process. In today's post by Molly Wood of the NY Times, techniques are explained how to get off social media. Social media can be a harmless and easy way to keep track of friends, family and news. It can also be addictive and invasive and produce an archive of bad behavior that can damage relationships or make it hard to get a new job. And, of course, there are privacy worries compounded by a controversial Facebook experiment unearthed recently that turned unwitting users into emotionally manipulated guinea pigs. That last one might prompt some people to leave Facebook permanently. Or not — it wasn’t exactly the first time Facebook has done something that made some users swear off the service. So is quitting social media the new thing in social media? That’s hard to say. But if you are planning to go dark, there are plenty of ways to do it. Typically, people deactivate their Facebook accounts rather than completely deleting them — a bit like a couple taking a “break” rather than breaking... |
Friday, December 6, 2013
Genetic Tester to Stop Providing Data on Health Risks
Bowing to the Food and Drug Administration, the genetic testing service 23andMe said Thursday that it would stop providing consumers with health information while its test undergoes regulatory review.
The decision was in response to a warning letter sent by the agency two weeks ago saying that the genetic test was a medical device that requires approval.
“We remain firmly committed to fulfilling our long-term mission to help people everywhere have access to their own genetic data and have the ability to use that information to improve their lives,” Anne Wojcicki, the chief executive of 23andMe, said in a statement Thursday evening.
“Our goal is to work cooperatively with the F.D.A. to provide that opportunity in a way that clearly demonstrates the benefit to people and the validity of the science that underlies the test.”
The company will continue to take orders for new tests but will provide only ancestry information and raw data, without interpretations of the health implications. It said it might resume providing health data if it receives regulatory approval.
23andMe sought approval of certain of its tests in 2012 but did not provide information the F.D.A. required. After the company began advertising on television, the agency ordered it to stop marketing its test.
The company then halted advertising, apparently hoping that it could stop “marketing” but continue selling. But it appears that regulators did not buy that...
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Keeping privacy in focus
Confidentiality has been the hallmark of Workers' Compensation since the inception of the program. Has been challenged federally through the portability act concerning the privacy of medical records. All that reach was bad enough, a data breach from and a governmental site is even worse. It is becoming more than obvious, but the weak financial infrastructure, of the patchwork of worker's Compensation systems for the country are creating serious challenges. Instead of attempting to run 50 different programs throughout the country, it is probably A good idea to start looking inward, and establishing a single solid system that can meet the needs required to run A multibillion-dollar benefit system the rep country and also maintain the confidentiality and privacy that the parties participating in it require. Today's post shared from therepublic.com
Hackers gained access to the personal information of about 26,000 Pennsylvanians who use debit cards to receive jobless and workers' compensation benefits, the Pennsylvania Treasury Department said Thursday. The incident was part of a wider security breach affecting 465,000 holders of JPMorgan Chase & Co. prepaid cash cards nationwide. The breach affects only cardholders who used the JPMorgan Chase UCard Center website between mid-July and mid-September, the Treasury Department said. Michael Fusco, a spokesman for JPMorgan, said the bank found no evidence any information was used improperly. JPMorgan first contacted the Pennsylvania Treasury Department on Tuesday, agency spokesman Gary Tuma said. JPMorgan has referred the matter to law enforcement and would not explain details of how the breach occurred, the Treasury Department said. The Pennsylvania agency wants details from JPMorgan Chase about the bank's response to the breach, including an explanation for any delay in notifying it and the additional measures it will undertake to protect against a recurrence. The department said most of the personal information that might have been viewed includes card numbers, dates of birth, user IDs, email addresses. Information on external bank accounts might have been exposed, as well, if a cardholder completed a transaction to it, the department said. Cardholders are being contacted by letter with instructions and are being urged by JPMorgan Chase in the meantime to... |
Sunday, September 8, 2013
Facebook Delays New Privacy Policy
Facebook's proposed new privacy policy contained a shift in legal language that appeared to put the burden on users to ask Facebook not to use their personal data in advertisements.
Facebook has apparently decided to delay a proposed new privacy policy after a coalition of privacy groups asked the Federal Trade Commission on Wednesday to block the changes on the grounds that they violated a 2011 settlement with the regulatory agency. A spokeswoman for the F.T.C. confirmed Thursday that the agency had received the letter but had no further comment. In a statement published by The Los Angeles Times and Politico on Thursday afternoon, Facebook said, “We are taking the time to ensure that user comments are reviewed and taken into consideration to determine whether further updates are necessary and we expect to finalize the process in the coming week.” Asked about the delay, a Facebook spokesman said he was unaware of the latest developments. When it first announced the changes on Aug. 28, Facebook told its 1.2 billion users that the updates were “to take effect on September 5.” The changes, while clarifying how Facebook uses some information about its users, also contained a shift in legal language that appeared to put the... |
Related articles
- A Limit on Consumer Costs Is Delayed in Health Care Law (workers-compensation.blogspot.com)
- Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request (workers-compensation.blogspot.com)
- On Access and Accountability - Two Supreme Court Rulings on Generic Drugs (workers-compensation.blogspot.com)
- Long Overdue Silica Dust Rule Issued, Final Action Must Be Swift, Says Trumka (workers-compensation.blogspot.com)
- Federal arbitration board orders FEMA to pay New Orleans Katrina responders (workers-compensation.blogspot.com)
- Tacking Health Care Costs Onto California Farm Produce (workers-compensation.blogspot.com)
Tuesday, August 20, 2013
Move Over, Richard Kiley. Here’s Why We Want to Combine Public Health Data with Health Care Data
On reflection, we think this goal isn’t so quixotic. We’ve been thinking more and more about bridging the worlds of health care delivery and public health—how those two systems relate to each other and can reinforce each other in ways that improve health outcomes for populations and for individuals. And we see harnessing data as part of the path to that goal.
Currently, we’re seeing an explosion of data production from all sectors in health and health care and an increasing interest in harnessing that data for all sorts of purposes. The recent Health Datapalooza conference—which is hosted by another collaborator on this News Challenge, the Health Data Consortium—saw 2200 people gather to explore health and health care data and its uses.
Currently, we’re seeing an explosion of data production from all sectors in health and health care and an increasing interest in harnessing that data for all sorts of purposes. The recent Health Datapalooza conference—which is hosted by another collaborator on this News Challenge, the Health Data Consortium—saw 2200 people gather to explore health and health care data and its uses.
Monday, August 12, 2013
3 Responses for “What the Recent Data Breach Says About the State of Health IT”
The privacy of medical records is an essential component of the workers' compensation system. As the use of electronic records becomes more commonplace the need to maintain the records in a secure format becomes increasingly critical. Today's post was shared by The Health Care Blog and comes from thehealthcareblog.com By David Do, MD
While I don’t condone the storage of patient information on unapproved services like Gmail or Google Drive, this incident pretty much highlights the sorry state of information systems within the hospital and the unfulfilled need by physicians for tools that facilitate workflow and patient care.
It says something that the Oregon residents felt compelled to take such a drastic action. I don’t know what punishment – if any – those responsible were given by administrators for their “crimes.” I’ll leave it to readers to make up their own minds about the wisdom of the unauthorized workaround and the appropriateness of any punishment. But I do know that the message the incident sends is a very clear one.
We’re screwing this up. There is really no earthly reason why it should be any more difficult to share a patient record than it is to share a Word doc, a Powerpoint or yes, even a cloud-based Google Drive spreadsheet.
Why the Breach Happened
What’s going on here? Let’s say I admit a patient to the hospital. Our friend was hospitalized here just last month, and like many patients, he has dementia...
Monday, July 22, 2013
Transportation Accidents: Data Recorders Will Soon Define Compensability of Accidents
Workers' compensation claims are often defined by whether the accident arose out of and in the course of the employment. New technology in the coming years maybe become critical evidence in determining the casual relationship of transportation accidents as well as whether the employee deviated from the employment at the time of the event.
"....at the center of a growing debate over a little-known but increasingly important piece of equipment buried deep inside a car: the event data recorder, more commonly known as the black box.
"About 96 percent of all new vehicles sold in the United States have the boxes, and in September 2014, if the National Highway Traffic Safety Administration has its way, all will have them.
"The boxes have long been used by car companies to assess the performance of their vehicles. But data stored in the devices is increasingly being used to identify safety problems in cars and as evidence in traffic accidents and criminal cases. And the trove of data inside the boxes has raised privacy concerns, including questions about who owns the information, and what it can be used for, even as critics have raised questions about its reliability.
Click here to read the entire article, "A Black Box for Car Crashes" NY Times
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| Event Data Recorder |
"....at the center of a growing debate over a little-known but increasingly important piece of equipment buried deep inside a car: the event data recorder, more commonly known as the black box.
"About 96 percent of all new vehicles sold in the United States have the boxes, and in September 2014, if the National Highway Traffic Safety Administration has its way, all will have them.
"The boxes have long been used by car companies to assess the performance of their vehicles. But data stored in the devices is increasingly being used to identify safety problems in cars and as evidence in traffic accidents and criminal cases. And the trove of data inside the boxes has raised privacy concerns, including questions about who owns the information, and what it can be used for, even as critics have raised questions about its reliability.
Click here to read the entire article, "A Black Box for Car Crashes" NY Times
Friday, July 19, 2013
Privacy: Workers' Compensation Health Data Heading for Electronic Storage
Medical records are a significant aspect of workers' compensation claims and storing them is a significant issue. As claims are filed and litigation is pursed, medical records become critical evidence in evaluation claims and adjudicating decisions.
With the explosion of electronic medical records mandated by The Patient Protection and Affordable Health Care Act, the secure storage. retrieval and dissemination of medical records has become a challenge. Even though The Health Insurance Portability and Accountability Act of 1999 (HIPPA) mandates a privacy exclusion for workers' compensation claims, the medical records must remain protected and secure to maintain integretary and avoid unlawful access.
Missing from the equation are regulations from workers' compensation agencies to provide for the security and integrity of the records that have been widely disseminated within the workers' compensation system.
One company has has built a "Bunker" for health records.
With the explosion of electronic medical records mandated by The Patient Protection and Affordable Health Care Act, the secure storage. retrieval and dissemination of medical records has become a challenge. Even though The Health Insurance Portability and Accountability Act of 1999 (HIPPA) mandates a privacy exclusion for workers' compensation claims, the medical records must remain protected and secure to maintain integretary and avoid unlawful access.Missing from the equation are regulations from workers' compensation agencies to provide for the security and integrity of the records that have been widely disseminated within the workers' compensation system.
One company has has built a "Bunker" for health records.
Tuesday, July 2, 2013
Missouri Governor Supports Workers' Compensation Privacy and Vetos Database Legislation
Missouri Governor Jay Nixon vetoed legislation that would have created a database of all Missourians who had filed for workers' compensation benefits.
In vetoing the legislation, Governor Nixon stressed that privacy of workers' compensation matters was paramount.
Click here to read Governor Nixon's veto letter.
In vetoing the legislation, Governor Nixon stressed that privacy of workers' compensation matters was paramount.
Click here to read Governor Nixon's veto letter.
Monday, June 3, 2013
Friday, May 17, 2013
Obamacare Will Be Collecting Workers' Compensation Medical Records
The implementation of Affordable Care Act data collection regulations will include the collection of medical information concerning work related accidents and injuries. The coalition of this information will broadly advance the concept of universal medical care and impose yet another route for the Centers for Medicare and Medicare to strengthen enforcement under the Medicare Secondary Payer Act.
The largest and most expansive database of personalized medical information is being established under the umbrella of an newly created unit under the authority granted to the Internal Revenue Service, The Federal Data Services Hub. Personal medical records, including electronic medical records, will be incorporated into the program.
"On March 23, 2010, the President signed into law the Patient Protection and Affordable Care Act
(P.L. 111-148). On March 30, 2010, the Health Care and Education Reconciliation Act of 2010
(P.L. 111-152) was signed into law. The two laws are collectively referred to as the Affordable
Care Act. The Affordable Care Act creates new competitive private health insurance markets –
called Exchanges – that will give millions of Americans and small businesses access to
affordable coverage and the same insurance choices members of Congress will have. Exchanges
will help individuals and small employers shop for, select, and enroll in high quality, affordable
private health plans that fit their needs at competitive prices. The IT systems will support a
simple and seamless identification of people who qualify for coverage through the Exchange, tax
credits, cost-sharing reductions, Medicaid, and CHIP programs. By providing a place for onestop shopping, Exchanges will make purchasing health insurance easier and more understandable
and will put greater control and more choice in the hands of individuals and small businesses."
Read more about "Federalization" and workers' compensation:
(P.L. 111-148). On March 30, 2010, the Health Care and Education Reconciliation Act of 2010
(P.L. 111-152) was signed into law. The two laws are collectively referred to as the Affordable
Care Act. The Affordable Care Act creates new competitive private health insurance markets –
called Exchanges – that will give millions of Americans and small businesses access to
affordable coverage and the same insurance choices members of Congress will have. Exchanges
will help individuals and small employers shop for, select, and enroll in high quality, affordable
private health plans that fit their needs at competitive prices. The IT systems will support a
simple and seamless identification of people who qualify for coverage through the Exchange, tax
credits, cost-sharing reductions, Medicaid, and CHIP programs. By providing a place for onestop shopping, Exchanges will make purchasing health insurance easier and more understandable
and will put greater control and more choice in the hands of individuals and small businesses."
Read more about "Federalization" and workers' compensation:
Thursday, May 16, 2013
The Scarlet Letter - Workers' Compensation Style
Privacy, that was thought to be a paramount concern for individuals in workers' compensation, is now going away in Missouri. The Missouri legislature passed legislation that will allow employers to review the pending claim status of prospective employees to determine whether they have filed any workers' compensation claims. Injured workers in Missouri will now be stigmatized as a result of filing a workers' compensation claim.
"The division shall develop and maintain a workers' compensation claims database, accessible to potential employers through the division's website, containing all claims filed for compensation under this chapter. Claims records shall be retrievable only by an employer who during a pre-hire period provides a potential employee's name and social security number and shall, upon retrieval, identify the date of any claim made by such potential employee and whether the claim is open or closed."
To view the enacted bill SB34 go to www.moga.mo.gov
"The division shall develop and maintain a workers' compensation claims database, accessible to potential employers through the division's website, containing all claims filed for compensation under this chapter. Claims records shall be retrievable only by an employer who during a pre-hire period provides a potential employee's name and social security number and shall, upon retrieval, identify the date of any claim made by such potential employee and whether the claim is open or closed."
To view the enacted bill SB34 go to www.moga.mo.gov
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