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can your employer get your medical records with out your approval

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MSKim

Junior Member
What is the name of your state? MN
I was just on the phone with my employer and they were asking me about DR's I seen 3 yrs for other medical conditions..how can they get that info if i dont sign a release form......
Im a lil hot under the collar now!!!!!!!!!
I have made many phone calls and always a voice saying we will call you back and its getting more frusterated...
MSKim:mad: :mad:
 


M

MSKim

Junior Member
yes but i have only been employeed with this company for 1 yr and this drs appoint was 3 yrs ago .....
MSKim
 
cbg

cbg

I'm a Northern Girl
The short and easy answer is, it depends. But, though accurate, that doesn't help you very much. So..... It is not illegal for the employer to ask the question. Whether they are actually entitled to the information depends on why they want it. If it's to do with the health insurance, they probably are entitled to it EVEN IF it's from a point before you became covered; that information can still affect underwriting rates. On the other hand, if they're just curious, they're not.

HIPAA is not as all inclusive as most people think. They do not need any kind of authorization to ask YOU for the information. They also can ASK anyone they want for it. An authorization from you is needed before your doctor can give them the information; however, if the information is released without that authorization, it's the doctor who broke the law, not your employer.
 
K

kernalcobb@iowa

Junior Member
can your employer get your medical records without your permission

I am going through a simular situation. NO they cannot. One of the previous replies to your question was correct. They can ask you, but to obtain those records you must sign a release. If your doctor releases those records, or even verbally gives them any information out of your medical records, without your consent the doctor is in violation of HIPPA laws..
 
M

mitousmom

Member
You also need to make sure that you didn't sign a release for obtaining medical information during the hiring process or when you applied to enroll in your employer's fringe benefits program. Simply ask your employer how they obtained the medical information. If you signed such a release, they should tell you.
 
R

rmet4nzkx

Senior Member
MSKim said:
What is the name of your state? MN
I was just on the phone with my employer and they were asking me about DR's I seen 3 yrs for other medical conditions..how can they get that info if i dont sign a release form......
Im a lil hot under the collar now!!!!!!!!!
I have made many phone calls and always a voice saying we will call you back and its getting more frusterated...
MSKim:mad: :mad:
Click to expand...
It would have been much easier if you had kept this all on one thread,but apparently you didn't like the answers you received.

Here is your other thread with some history.
https://forum.freeadvice.com/showthread.php?t=322899
MSKim said:
What is the name of your state? Mn
I feel like I have been totally shot down at my job because of a medical condition that Im getting very stressed out and Im at my wits end....:eek:
I work for a printing company(huge corporation) and I work over nights 5pm to 5am...I recently turned 40 and I am going through some changes that has caused me to see a medical Dr and My Dr wrote a letter recommending I go to a day shift as It would be beneficial to my health, my place of employment REFUSED the letter and told me that I am capable of working overnights and theres no excuse why I cant I went and got another Dr's note and got no response to that one as well..Im so upset by this I feel im being punished because of a medical condition that we are getting under control ...
I have also had a few more problems with this company and brought it to HR and all they did was say we will look into it....I was called a Dumb F-ing B --- and a Mother F-er by 2 employees ..
I could really use some good advise
Thank you
MSKim
Click to expand...
So you were hired to work 12 hour graveyard shifts, and you are requesting a Day shift as an accommodation, yes your employer can ask for your medical history to help determine if ADA accommodations are appropriate and also discuss them with your doctor. Your refusal to allow their communications provides them with adequate excuse to deny your request. If this medical condition was an isssue historically and you fallsified your employment application, you could be terminated for cause. Working in the printing industry can be very dangerous work, expecially if you are not physically able to do the work or remain alert. If you have a sleep disorder, you could be a liability.
 
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