violation of HIPAA?

[kreactor]

is this a violation of HIPAA, and if so who should i contact?

can your supervisor demand a doctor's note requiring diagnosis for calling out sick?
(the policy is signed by the Hospital CEO)

i would think employees would be protected by the same doctor patient confidentialy
clauses, afterall why should my boss know if i had bouts of STD, fecal impaction
or other embarrassing medical conditions


=================================================
From the policy manual itself:
4.Management reserves the right to require proof of illness for any absence.
An employee who does not provide proof of illness as requested may be subject
to disciplinary acction and may forfeit pay for the days(s) in question.

5. Employees absent the day before, after, or the day of a holiday MUST
provide proof of illness in order to receive pay for the day.

6.If used as proof of illness, a doctor's note should state the diagnosis and
indicate that the employee was unable to work. The authenticity of a proof
of illness may be verified.

 

[orakle]

That's gotta be illegal or something. Your employer, much less your supervisor who you probably hate has no business knowing what you contracted from that girl at the bar.

 

[skyking]

Originally posted by: kreactor
is this a violation of HIPAA, and if so who should i contact?

can your supervisor demand a doctor's note requiring diagnosis for calling out sick?
(the policy is signed by the hospital CEO)

i would think employees would be protected by the same doctor patient confidentialy
clauses, afterall why should my boss know if i had bouts of STD, fecal impaction
or other embarrassing medical conditions

If it's a big company, this is a question for their legal department

 

[moshquerade]

Originally posted by: kreactor
is this a violation of HIPAA, and if so who should i contact?

can your supervisor demand a doctor's note requiring diagnosis for calling out sick?
(the policy is signed by the hospital CEO)

i would think employees would be protected by the same doctor patient confidentialy
clauses, afterall why should my boss know if i had bouts of STD, fecal impaction
or other embarrassing medical conditions

the doctor's office should not be releasing any of your medical history to anyone other than those people you have specified to them like your insurance company.

if they do release confidential information you can file a complaint against them here:

http://www.hhs.gov/ocr/privacyhowtofile.htm

read more about your rights here

http://www.hhs.gov/ocr/hipaa/

 

[doze]

Sounds like the employer is requesting proof that you were at a doctor rather than just screwing off all day. The employer does not need to know what's wrong with you.

Next time you call in to work just say it is for personal reasons.

 

[PlatinumGold]

Originally posted by: moshquerade

Originally posted by: kreactor
is this a violation of HIPAA, and if so who should i contact?

can your supervisor demand a doctor's note requiring diagnosis for calling out sick?
(the policy is signed by the hospital CEO)

i would think employees would be protected by the same doctor patient confidentialy
clauses, afterall why should my boss know if i had bouts of STD, fecal impaction
or other embarrassing medical conditions

the doctor's office should not be releasing any of your medical history to anyone other than those people you have specified to them like your insurance company.

if they do release confidential information you can file a complaint against them here:

http://www.hhs.gov/ocr/privacyhowtofile.htm

read more about your rights here

http://www.hhs.gov/ocr/hipaa/

that is not the issue.

yes, legally his medical information is protected.

however, if his employer is asking him to waive that right and he does, then the doctor can release the information.

it is an interesting case tho, i know a lot of employers require doctors notes, but i didn't realize they required diagnosis codes, that would be a violation.

 

[waggy]

yeap as platinum said they are asking him to get the note. so no this is not against the law. he has the right to say no and his workplace can not do anything about it..well besides fire him or such.

 

[episodic]

Yea - picture Vinny in the corner with a baseball bat saying, "You know it'd be nice if you waive your rights to confidentiality, and ask that fine doctor of yours for a note. . ." Can you see the smile on Vinny's face?

 

[Reckoner]

Gotta love the atot lawyers here.

Yes, your employer can request a doctor's note indicating that you were in fact, at the doctor's office. No medical info is needed.

 

[PlatinumGold]

Originally posted by: PaulNEPats
Gotta love the atot lawyers here.

Yes, your employer can request a doctor's note indicating that you were in fact, at the doctor's office. No medical info is needed.

i never claimed to be a lawyer, i just happened to be involved with getting doctors offices hipaa complaint, so no, my opinion is not a legal one, but it is not based on pure speculation or bs alone.

 

[MoPHo]

i work in an ER and have just recently been out of school and work for a week. on my slip that says i have to be out of those it just says how long, the doctor's signature, my name, and the date it was issued.

and if you don't want them to know why you were out, i believe they can't find out unless court ordered.

 

[DrPizza]

Illegal: company asks doctor if you were seen and what for.

Legal: Company demands that you bring them a note stating you were at the doctor.

Illegal: Company requiring the doctor to put the particular diagnosis on the note. All the note can say is "he was seen at the doctor on such and such a date."

I just asked one of the note-writers; she is sitting right next to me.

 

[Gooberlx2]

Originally posted by: waggy
yeap as platinum said they are asking him to get the note. so no this is not against the law. he has the right to say no and his workplace can not do anything about it..well besides fire him or such.

Ya know, If he has a regular old doctor's note, and they still fire him, then I think he should be calling up some sort of employment attorney.

If he chooses to keep his medical issues private, then it's none of his employer's business. Doctor's notes always have the name of the doctor and the number for the practice. They can call up and verify that it's legit, but his medical history/diagnosis is none of their business unless he wants them to know.

 

[waggy]

Originally posted by: DrPizza
Illegal: company asks doctor if you were seen and what for.

Legal: Company demands that you bring them a note stating you were at the doctor.

Illegal: Company requiring the doctor to put the particular diagnosis on the note. All the note can say is "he was seen at the doctor on such and such a date."

I just asked one of the note-writers; she is sitting right next to me.

yeap thats what i thought.

long as it was "so and so wasn seen on date" on the clinics letterhead then that was fine. They can not ask for what you where in for.

 

[AZGamer]

I was out of class for two weeks after getting rear-ended in a car accident; generally, doctor's notes only have dates on them (one of my Profs wanted one as I missed a test, so all it said was "xxx was under medical care from date x to y"); unless you tell them to write WHY you were under treatment (and they're hesitant to write that information down in some cases where the diagnosis is vague, but that's a separate issue).

If you ask for a note, it'll just have a date on it; no reason why the job should require the reason for the sick day or ask you to waive HIPPA rights... but IANAL, just someone who has been in a slightly similar situation.

 

[Jeff7]

Just for one day you need a doctor's note? That's ridiculous. For some people, just the cost of losing out on that day's wages is bad enough. The cost of a doctor's visit just for a note can be too much. I think this sort of policy should only be for times when you're sick for a few days - then you may want to visit the doctor anyway.

 

[kranky]

How is it illegal for a doctor to document a diagnosis with the patient's consent? It can't be. I don't think it's illegal for the company to request such a note either.

 

[Squisher]

Forge a note that says that they're treating you for homicidal compulsions directed at your nosy employers.

 

[Squisher]

Originally posted by: kranky
How is it illegal for a doctor to document a diagnosis with the patient's consent? It can't be. I don't think it's illegal for the company to request such a note either.

If the employer compels the employee to reveal a diagnosis as a condition of employment then it could be.

 

[theslickvik]

Is it an HMO?

 

[moks78]

Originally posted by: waggy

Originally posted by: DrPizza
Illegal: company asks doctor if you were seen and what for.

Legal: Company demands that you bring them a note stating you were at the doctor.

Illegal: Company requiring the doctor to put the particular diagnosis on the note. All the note can say is "he was seen at the doctor on such and such a date."

I just asked one of the note-writers; she is sitting right next to me.

yeap thats what i thought.

long as it was "so and so wasn seen on date" on the clinics letterhead then that was fine. They can not ask for what you where in for.

A Doctor's note is required by Management only after 3 consecutive absences.

However, Management has the right to ask for one if they suspect your reason for being absent as questionable or outright bogus.

An example of this is:

You've tried to ask for a vacation time for a particular day and it was not granted. On that day, you called in sick. Given the background, then your supervisor has the right to ask for a doctor's note when you come back.

Don't know if this is legal but our HR has given our bosses the green light on this.

The only time I think a Doctor's note need a diagnosis is when you need to have modified dutiesat work. This will support your change in job description/activities.

Your doctor will specify the length of time you're are prohibited from doing some specific activities like carrying heavy crap at the work place..

 

[kreactor]

"homicidal compulsions directed at your nosy employers. "

lol, good one!! i was thinking more of a psychiatrist/ therapist
note for treatment of anger management / depression, suicidal ideation,
but that would just be miscontrued by employer as potentially someone going postal on management


a manager i spoke to from a different site said 'well, we need to know because we
might need to accomodate your medical needs"

 

[BrunoPuntzJones]

So if you are sick with the squirts they require you to go to the dr. and get a note proving you had the trots?

Self-diagnosis doesn't count?

 

[kranky]

Originally posted by: BrunoPuntzJones
So if you are sick with the squirts they require you to go to the dr. and get a note proving you had the trots?

Self-diagnosis doesn't count?

Maybe "proof of illness" could be a digipic of an unflushed toilet, with a dated newspaper in the photo.

 

[newParadigm]

Originally posted by: episodic
Yea - picture Vinny in the corner with a baseball bat saying, "You know it'd be nice if you waive your rights to confidentiality, and ask that fine doctor of yours for a note. . ." Can you see the smile on Vinny's face?

Who's Vinny? My name's Vinny, but I don't suspect you're reffering to me. (Maybe Vinny from My Cousin Vinny?