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    patti5550's Avatar
    patti5550 Posts: 4, Reputation: 1
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    #1

    May 2, 2010, 11:00 AM
    Does HIPPA law cover an employee being forced to provide medical information?
    My employer is trying to force me to have my doctor write basically a "thesis" on my care stating they will not pay me for 4 weeks I have already been off due to stress, depression and fatigue (they caused, by the way). My doctor is not willing to respond to their 7-point request concerning my care. 1)History, including references to prior treatments; 2)Clinical findings from most recent evaluation including tests, psychiatric or psychological assessments; 3)Diagnosis and current clinical status; 4)Prognosis with plans for future treatment and expected full or partial recovery dates; 5)An explanation of impact or therapeutic risk if I were to return to work; 6) Explanation of medical basis for incapacitation if I were to return to work and perform normal tasks or duties of my position; and 7)Narrative explanation for any conclusion that my condition would incapacitate me. My employer states if I do not provide all of this documentation, I will not be paid for sick/annual leave I have earned and have on the books. I am a government employee.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    May 2, 2010, 11:07 AM

    No, the law does not relate to this, you are protected and the doctor is not releasing it without your permission. So the law is doing what it is suppose to.

    I am surprised the info was not already provided, since as part of your question for your sick time, there may have been a release of medical info.

    If they doubt you are under care, Your can and will have to provide them info as to that you are under medical case, you may have to provide them with the medical problem, and a letter from the doctor that you are unable to work.

    At this point you file a grievance that you are not being treated within the rules for getting your paid time off.

    If you are claiming workers comp then they do have the right to full info in the files ( they caused it)

    They do have a right to know why you can't perform your regular job, and if you are still out, yes, they can ask if this will become a disability issue
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 2, 2010, 01:48 PM

    As Chuck said, HIPAA does not cover this. But its very possible, your employer is within their rights to demand the info or withhold pay for time off.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 2, 2010, 03:24 PM

    As a government worker you take it to the department of Human Resourse.

    But again they are not forcing you to provide it, just not going to pay comp time or other pay without it. Have you been providing them doctor updates. And if this is more of a mental health illness they may even require some documents before you would be allowed to return to work.

    Also on a side note, if you have your insurance paying for this, and it is though your work place, they may have the ability to see a lot of it anyway

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