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    maccafan's Avatar
    maccafan Posts: 4, Reputation: 0
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    #1

    Nov 21, 2011, 05:31 PM
    Workplace doctors
    How is it legal for an employer to retain a doctor in the workplace and REQUIRE employees to use this doctor,thereby having access to such info as blood pressure,cholesterol,tobacco use,etc. Then turn around and use this information to require employees to enroll in certain "programs"or pay exorbitant penalties for health care. How is this not a hipaa violation?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 21, 2011, 05:47 PM
    What do you mean by require, can they require a company physcial as terms of employment ?

    Can you tell us where this is at.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Nov 21, 2011, 05:58 PM
    If a doctor treats you and then tells your employer anything about your condition it is a violation of the HIPAA Act, if you are in the USA. However, did the doctor or his nurse have you sign anything, like a release maybe?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 21, 2011, 06:01 PM
    It is lawful for insurers to charge different rates based on risk. Therefore, it is lawful for an employer to require an employee to submit the results of a physical to determine those risk factors. So yes they can require using their own physician for such a physical.
    maccafan's Avatar
    maccafan Posts: 4, Reputation: 0
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    #5

    Nov 21, 2011, 06:07 PM
    This is not just for annual physicals.They want the employees to go to this company employed doctor for everything.This doctor has his "office"in the plant!To me this is just a way to get around hipaa laws.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #6

    Nov 21, 2011, 06:08 PM
    Is the doctor employed by the company to treat work related injuries?
    maccafan's Avatar
    maccafan Posts: 4, Reputation: 0
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    #7

    Nov 21, 2011, 06:11 PM
    Both
    maccafan's Avatar
    maccafan Posts: 4, Reputation: 0
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    #8

    Nov 21, 2011, 06:12 PM
    Treats workplace injuries too
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #9

    Nov 21, 2011, 06:14 PM
    You should not be required to go to this doctor for your yearly physicals, but a company can require physicals by their doctors for employment.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Nov 21, 2011, 06:18 PM
    First you have not told us where you are at, And what type of work you do.

    They can in some states require you to go to specific doctors for workers injury ( in some states) in other states they can not require.

    They can not require you to go to this doctor for anything not work related.

    There is often programs in large companies for over weight and other risks to help them.

    It can depend on what info they are giving to the employer
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