Hippa

[berlykim]

What is the name of your state (only U.S. law)? Ga
I went to a physican for a chronic illness, at my employers request and expense. The employer gave the Dr. a questionaire to fill out. Upon leaving I asked for a copy of the questionaire but was refused. I was then told that my employer said that I would need a court order to obtain a copy. I asked how this was possible that it was my information. They said that since the employer was paying the bill that it was their right. I said, so, I can go into your waiting room, pay for one of your patients visits and then obtain their medical information, they said, No, that it didn't work that way. I reminded them that I had Never signed a medical release form of any kind. My employer has been bullying me for years to sign a medical release form and I have always refused, staing it was my rights under Hippa. Could someone please explain to me my rights where this is concerned?

[FlyingRon]

It's HIPAA not HIPPA.

If they kept a copy, then you are certainly entitled to see it.
Whoever you talked to at the doctor is full of crap. Patient records have naught to do with "who's paying for it."

A release may not be required under HIPAA. If this was workman's comp paperwork, one is likely not required. Typically that information is sent to the employer's insurer, not the employer.

HIPAA information here: [url]http://www.hhs.gov/ocr/privacy/index.html[/url]

you can also file a complaint there if a formal request for the information doesn't loosen things up.

[Zigner]

I suspect this is a Work-Comp issue...

[berlykim]

This is not a workman's comp issue...When I started this job several years ago, I was hired with this chronic condition and it was disclosed prior to being hired. Since then the condition has somewhat worsened..I have been hospitalized twice since April. I am under FMLA to cover my job for any possible absences..

[Zigner]

Originally Posted by berlykim

This is not a workman's comp issue...When I started this job several years ago, I was hired with this chronic condition and it was disclosed prior to being hired. Since then the condition has somewhat worsened..I have been hospitalized twice since April. I am under FMLA to cover my job for any possible absences..

And your employer paid for it? Interesting...

[lealea1005]

Originally Posted by FlyingRon

It's HIPAA not HIPPA.

If they kept a copy, then you are certainly entitled to see it.
Whoever you talked to at the doctor is full of crap. Patient records have naught to do with "who's paying for it."

A release may not be required under HIPAA. If this was workman's comp paperwork, one is likely not required. Typically that information is sent to the employer's insurer, not the employer.

HIPAA information here: [url=http://www.hhs.gov/ocr/privacy/index.html]Health Information Privacy[/url]

you can also file a complaint there if a formal request for the information doesn't loosen things up.

Agreed! You do not need permission, or a release from your empolyer, to obtain a copy of your medical record. There may be a nominal fee (as allowed by the laws in your state) for copying the record.

In addition to the website FLyinRon gave you, try this one: [url=http://www.medicalboard.georgia.gov/00/article/0,2086,26729866_27509335_27165592,00.html]georgia.gov - How do I obtain a copy of my medical records from my physician or a hospital?[/url]

[cbg]

FYI, workers comp issues are expressly and by statute exempt from HIPAA. It's also more likely than not that your employer is not subject to HIPAA at all.

[ecmst12]

If this is an employment physical which was requested and paid for by the employer, then the EMPLOYER owns the record and that is the only entity which can release a copy to you. And they are not required to do so unless there is another state law requiring them to release copies of employment records to you. This is not a medical record, it is an employment record, there is no treating relationship between you and the doctor.

[FlyingRon]

Originally Posted by ecmst12

If this is an employment physical which was requested and paid for by the employer, then the EMPLOYER owns the record and that is the only entity which can release a copy to you. .

Sorry, this is NOT true. The only out is that if the doctor filled out the form and sent it to the employer and did not retain a copy. ANY RECORD the health provider has retained must be disclosed to the patient on request. Even stuff provided to courts and the other government uses are accessible to the patient.

The only thing that can be suppressed to the patient because they didn't pay for it is the financial records dealing with the transaction.

[lealea1005]

Originally Posted by ecmst12

If this is an employment physical which was requested and paid for by the employer, then the EMPLOYER owns the record and that is the only entity which can release a copy to you. And they are not required to do so unless there is another state law requiring them to release copies of employment records to you. This is not a medical record, it is an employment record, there is no treating relationship between you and the doctor.

Actually, a medical chart is generated when the employee presents for examination. A copy of the exam is kept in the medical record which is the property of the examining Physician. The employee/patient is entitled to copies.

The only time I would think the record is an employer's property is if the Physician is actually an onsite employee, themselves. In that case, the charts are property of the employer.

ETA: In all cases, the employee/patient must sign a release of records for the employer to obtain copies...regardless of who paid the bill or whether it was W/C.