HIPAA question

Discussion in 'Experienced Truckers' Advice' started by flightwatch, Apr 1, 2012.

  1. flightwatch

    flightwatch Road Train Member

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    My future employer is wanting me to sign a HIPAA release as a condition of employment. The form states that it's for Workers compensation benefits only, but I am confused as to why they want me to sign it before I'm even employed by them. There is no need for them to have unrestricted access to my medical records at this time. Something smells fishy, and I am reluctant to sign it.

    Thoughts? And yes it's a trucking company.
     
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  3. VisionLogistics

    VisionLogistics Road Train Member

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    Hell no. That's nobody's business but you & your physician(s). I guess it depends on how badly you want the job. Can you say if it's a big carrier or a mom n pop outfit? I'm curious now, too.
     
  4. chalupa

    chalupa Road Train Member

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    The answer is obvious......this will give them full access to your records yesterday, today, tomorrow.

    Full protection for the carrier. They must have been burned in the past or suspect something of you. Got anything to hide???

    The $64 question is: are they worth it? If we're talking .30 OTR / 90 day start on bennies then 4q's. If this a job with a decent wage/ hours / equipment and offers a future...... and you have nothing to hide ( want to or need to ) then well, it's on you.

    Problem I would have here is this will set a dangerous precedent if allowed to proceed. Carriers follow each other like sheep and if one does it then they all will eventually. ( Too bad we can't get them to jump off the GW bridge.)

    IMO 4q's across the board on this..... NOBODY is worth this request, but that's me.

    JMO....tell us what you decide.
     
  5. flightwatch

    flightwatch Road Train Member

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    It is a medium sized carrier. They gave it to all of my orientation class this am, and it came in the folder that has the physical info in it. I have a feeling that they have been burned 1 too many times in the past, but this certainly isn't the way to correct it. You know the adage that all drivers are too stupid for their own good, and I have a feeling that this is one of those things that they think they can get away with it because we don't know any better.

    I don't have anything to hide per se, but medical records are private documents, and I don't think an employer should have such broad permission with something like that...especially as only a basis for employment. I would have no qualms with it if it was for workers compensation, or me coming off of FMLA. This is different.

    Is the job worth it? Yes and No. I would enjoy working for the company, but that only stretches so far.
     
  6. chalupa

    chalupa Road Train Member

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    Interesting twist........ and I agree.........what's your take ? Pass or play?
     
  7. windsmith

    windsmith Road Train Member

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    This would be an interesting case to discuss with an EEOC attorney. Your company may be attempting to skirt the ADA laws by making this a condition of employment. You may have the basis for a class action lawsuit.

    You may bring this to their attention, and decline to sign on that basis. You're medically qualified for employment by virtue of your DOT medical card. If the company has any other questions, then you can have your doctor sign a statement that you are physically able to perform the work required of you by the company. If they send you home as a result, then you may have a cause of action to sue for an injunction and damages.

    For reference:

    http://www.eeoc.gov/eeoc/foia/letters/2011/ada_gina_confidentrequre.html

    http://www.eeoc.gov/policy/docs/guidance-inquiries.html

    Just mentioning the words EEOC, ADA and attorney may be enough to get them to withdraw their request for access to your records, or it may be enough for them to call your bluff and show you the door.

    YMMV, IANAL, consult an attorney for guidance.
     
    Last edited: Apr 1, 2012
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  8. chalupa

    chalupa Road Train Member

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    or it may be enough for them to call your bluff and show you the door.

    The likely reply for there is 10,000 just like him waiting at the gate........
     
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  9. windsmith

    windsmith Road Train Member

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    Hey, if he decides to pass based on the form, then it may be a decent last ditch effort. If it works, great! If not, nothing lost.
     
  10. flightwatch

    flightwatch Road Train Member

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    I most certainly won't walk in guns blazing tomorrow, but I will inquire as to their reasoning behind it. Certainly they can give me an explanation as to why they want me to sign away my medical privacy with absolutely no reason. If they are doing it to try and catch their employees in a lie, then they are playing a very dangerous game...a game that they will end up losing big time in the end.

    I will most likely sign the form since I don't have anything to hide. If I ruffle too many feathers about this, it will instill distrust between me and my new employer right from the get-go at the least...a 36 hour Greyhound ride home and unemployment at the worst.

    Now you see my predicament. Just another sheep taking it up the glory hole if I do...###### if I don't.
     
  11. flightwatch

    flightwatch Road Train Member

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    Ok...I think I figured it out. The release is for a Workers Compensation firm...not for the actual trucking company. If that is the case, then they can't share my medical information with the employer anyways without another disclosure form that allows it being signed.

    Hopefully I'm right. We'll see tomorrow.
     
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