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HIPPA laws????

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sweett33

Guest
What is the name of your state? OHIO
My employer personally contacted several members of my doctor's office including an administrator to request a copy of my doctors release to return to work. Is this an infringement on HIPPA laws? Or any other law?
I had previously spoken to the Doctor himself and asked him if he was aware of the employer contacting anyone and he explained to me that he was not aware of this and that if they did, anyone in his office would not be allowed to give them any information because it would be a breech of patient confidentiality. Since this was obviously done without his knowledge, do I have cause for action and if so, where do I start?
 


Tayla

Member
Quote/"My employer personally contacted several members of my doctor's office including an administrator to request a copy of my doctors release to return to work. Is this an infringement on HIPPA laws? Or any other law? ?/End Quote.

My response: No infringement. A Doctors release to return to work form is a validation you were under their care. An employer can request this for your employee file.

"Is there any law" -my response: On what? The right to request and maintain a copy in your employee file that you were under a doctors care ? Need more info on that one in order to answer.

Re-read what exactly the Hippa law is and how it effects the medical field and protects your medical records. Just food for thought here...certain careers require a physical before employment can commence, does this mean that the employer is infringing on your medical record by knowing before you start what health status you maintain?
 

cbg

I'm a Northern Girl
A return to work is NOT protected health information. There is NO violation of HIPAA (not HIPPA). You do NOT have a cause of action. You did not have a cause of action the last two times this question was asked; you do not have a cause of action now; and you are not going to have a cause of action the next time you asked this question. Repeating the question is NOT going to change the answer.
 
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sweett33

Guest
I don't recall ever asking this question before. I do know that last August when this actually happened I probably asked a similar question but I was not factually aware that the employer had done this, it was only rumor at the time. I'm not familiar with HIPAA. It was mentioned to me that it was a protection of medical information, that's all I know.
 

cbg

I'm a Northern Girl
Someone (apologies if it wasn't you) has asked the exact same question, with the exact same circumstances, at least twice within the last month. That's why I thought you'd asked it before.

As far as employment goes, HIPAA protects information that is obtained through your company's health insurance plan (but in the VERY large majority of cases, ONLY if your health insurance plan is self-insured).

While your doctor's office is another source of PHI, a return to work notice is NOT protected information. While it may have been a violation of your doctor's office policy to give the information directly to your employer, it was NOT illegal - nor was it illegal for the employer to ask for it.
 

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