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New Member
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Aug 25, 2007, 10:03 AM
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Employer being nosey
Does your employer have the legal right to ask for specifics concerning why you are going to the doctor? My employer recently sent me an email requesting "exact specifics" of why I was going to see my doctor. I'm thinking this may violate HIPAA laws, right to privacy?
Thanks for your help...
Tim
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Uber Member
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Aug 25, 2007, 11:00 AM
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As long as you are physically able to perform the duties of your employment, your employer has no right to know why. It sounds like maybe your employer is concerned that it is, in fact a work-related medical condition that could have them on the hotseat under HIPAA, OSHA and other laws. If they persist, probably your best response is something to the effect of "if you don't mind, I'd rather not discuss the particulars of my medical condition. Be assured that it is not in any way due to any conditions resulting from my employment with you and will not, in any way, hinder me from performing the duties of my job."
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Ultra Member
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Aug 25, 2007, 06:34 PM
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I know that the employer can not legally get any info from the doctor's office. But are they just concerned, or have you been missing a lot of work?
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Expert
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Aug 25, 2007, 07:31 PM
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Hippa has to do with giving out your medical information,
So no this does not violate any Hippa laws.
Now your employer does not have the right to ask personal medical information unless it causes a issue at work. Now I am not sure if asking is against the law or making you give it, I guess they can ask, but can't do anything if you refuse to not give it.
Since this can vary from location to locatoin, if you don't want to give it, I would talk with a local attorney before doing anything.
But as for as HIPPA, I don't believe it is related.
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Ultra Member
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Aug 25, 2007, 07:36 PM
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Fr_Chuck it actually is a violation of HIPPA regulations. Individuals are not allowed to speak at all about medical concerns in any way shape or form. Employees are not even supposed to say "oh so and so left sick for the day". It has to do with that is going on with you medically is no one's business but your own. The employer is not allowed to question why someone is going to the doctor.
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Expert
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Aug 25, 2007, 07:52 PM
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But here they place of work is not telling anyone, they are only asking the actual person to tell them. The actual person is free to tell anyone they want, She can get on here and tell us all about any of her illness.
Now if she does tell her work place, then they would be bound not to tell anyone else.
The issue is that asking for that medical info is not a violation, forcing herr to give that info would be. But they have not said, give us this info or you will be fired, they have just asked for it.
But the actual patient ( the sick individual) is not restricted in any form or matter of speaking about their medical conditions. Only others that are given this info are restricted.
And even then there are dozens of reasons they are allowed to give it out, so the "in any way shape or form" is totally wrong.
One medical professional can and do every day give that info to other medical professionals.
A doctor sends a prescrition to the drugest without any release,
A doctor sends a file to the medial supply company for wheel chairs or braces without any releases.
The doctor sends info the medicare without any specifric releases, and medicare inspectors without any court order has access to all of a patients files.
For national security investigators can look at your files without warrant now. For protection of the president.
A patient getting sent to prison, the prison can get a copy of all medical files without the patients permission.
And I could list dozens and dozens of other exemptions. If anything after the last HiPPA changes, the medical info is easier to get now than it used to be.
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Ultra Member
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Aug 25, 2007, 07:53 PM
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Sorry you are right. I misread your response.
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Expert
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Aug 25, 2007, 08:05 PM
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The only thing I can think of is "why" they want this info, Is the health insurance doen though the personel dept, some companies are,
Is it a work related injury ( in that case they have a right to the information)
Does the injury effect their ability to work, or does the employee have to take off work for the injury. Some places of work have rules that doctors statements are required for a number of days off.
Or even perhaps the person does not have any days off but needs off, and they want proof of this before giving an unpaid leave.
Just a lot of "what ifs' not answered in post and no follow up so for.
And I am sorry, I sort of went over the top, I work in the medical field and live and die by that Hippa thing,
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