Employer wants private medical information from routine Dr visit

IT's not illegal to ask for records. If you continue to push this I will need to see a link! Notice I said to ask for. HIPPA does not apply in this situation. HIPPA only prevents the doctor from releasing them without a release.

 

As moose said, it's not illegal to ask.
HIPPA is 100% about what medical professionals can do with the medical data. It has nothing to do outside of that. Anyone can ask the patient for that data, what they cannot do is go directly to the medical professional and get the data. Heck, there is not even anything wrong with them asking the medical professional.
Of course if the medical professional replies with anything other than "We need a signed release from the patient, if they are even our patient, before we can provide that information." they can get in trouble.

 

Are you part of a wellness program?

I ask because my former company tried to encourage me to join. Offering really nice discounts etc.

Then I read the fine print. They pretty much own all the rights to your medical records. And!!! They can order you in for any #### test they want, whenever they want. Refusal means an automatic termination of your insurance. I stopped reading at that point. I can’t say it included the ability to hold/fire/terminate employment if there was a refusal to comply with anything.

 

Right off the ADA website. Yes, it IS illegal to ask for medical records before extending a job offer.

"The ADA places restrictions on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability.

An employer may not ask a job applicant, for example, if he or she has a disability (or about the nature of an obvious disability). An employer also may not ask a job applicant to answer medical questions or take a medical exam before making a job offer.

An employer may ask a job applicant whether they can perform the job and how they would perform the job. The law allows an employer to condition a job offer on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same job have to answer the questions or take the exam.

Once a person is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee’s request for an accommodation or if the employer has reason to believe an employee would not be able to perform a job successfully or safely because of a medical condition.

The law also requires that the employers keep all medical records and information confidential and in separate medical files."

 

I think I see the miscommunication. The poster is already an employee, while I was just an applicant. Big difference lol.

I was pretty cross eye tired when i posted my response about the illegalities of asking for medical records. I should have clarified, my bad!!

 

The FMCSA establishes minimum standards of physical fitness to operate a CMV. They task the medical examiners with making this determination. That is the LAW. A driver can NOT hide behind ADA, HIPPA or what ever federal law you can come up with. Because there is always going to be a public interest exception. Once the ME has finished their exam the carrier has the right to that long form. This is established. It does not matter if someone is employed or not. A carrier has the right to tell a driver provide that information or you WILL NOT operate our vehicles. That is the sum of it all.

 

Which would fall under:

"The law allows an employer to condition a job offer on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same job have to answer the questions or take the exam."

I've had two ME certificates, neither asked for actual medical records. If the ME finds one fit based on guidelines set forth to operate a CMV, an employer in the application stage with a prospective employee can ask for that certificate and long form. If the ME found cause to reduce the time on your renewal, they can ask for records relating to that. But they absolutely can not ask for ALL of your medical records.

Let's put it this way. Why would a trucking company need access to pap smear results? If the ME didnt long form or ding ya for that raging yeast infection, what business is it of a prospective employer?

Now say you were hired and you told your employer you needed a hemorrhoid pillow because that yeast infection is chronic and it incapacitated you to the point you couldnt walk or perform your duties, then yes, asking for THOSE medical records is absolutely legal.

A bit extreme of an example, but applicable for many medical situations.