Asking post-hire health questions is a violation of hipaa?

juneinHR · Dec 13, 2012, 10:23 AM

Our employer is asking for new hires to complete a post-hire health questionnaire. Specifically asking for a yes or n o on whether the person has ever had surgeries to the neck and/or spine, allergies, back injuries, and many more. This seems to ve a violation of HIPAA. This is for a retail industry.

Alty · Dec 13, 2012, 11:15 AM

Asking you to fill out a form is not a violation of HIPAA. HIPAA protects your privacy, but your employer is not asking your doctor, or someone else that knows your medical history, for this information, they're asking you directly.

It's your choice whether you fill out this form. I work in retail and I was asked to fill out a form like this. Retail work can be dangerous, lots of lifting, bending, and injuries can happen easily. I'm not surprised they're asking about any neck or back problems you have.

If you choose not to fill out this form then be prepared that you may lose the job. But ultimately you don't have to give any information you don't want to give. Of course, in the same token, they don't have to keep you as an employee either.

AK lawyer · Dec 13, 2012, 03:59 PM

It's legitimate, in my opinion, for them to ask these questions in case there is a workers comp. claim later.

ballengerb1 · Dec 13, 2012, 06:06 PM

I agree, not a HIPAA violation for them to ask. Now if they shared your answers with another party then that could constitute a violation. We ask those questions but normally prior to hiring people who must lift packages up to 45 lbs.

AK lawyer · Dec 14, 2012, 06:38 AM

Originally Posted by ballengerb1;

... Now if they shared your answers with another party then that could constitute a violation. ...

Not of HIPAA. The OP's employer is not a medical care provider and OP is not a patient.

joypulv · Dec 14, 2012, 08:42 AM

There is a common belief since HIPAA started that medical information is something employers are not privy to. That is 100% false. Your employer has a lot more to worry about than whether you will be disabled. They have various liabilities to co-workers, customers, and guests if you are contagious, likely to faint or stumble or fall down stairs, bring medications to work, go beserk and hurt someone - any number of ways your condition could endanger the company and anyone else involved.

Add your answer here.