violation of HIPAA?

[alkemyst]

Originally posted by: 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.

Or have your doctor simply write a note that you are unable to work for that day or x days. That is all the employer needs to know.

Personally, it have to be a heck of a job to put up with that. I have X number of sick days and X number of personal days. My sick time I use when needed and usually never more than half of it in a year. Now if someone is perpetually sick, I can see the company wanting documentation if they are going to pay for the day.

My company used to give us 5 sick 'occurances', each occurance could be 7 days, 10 days with hospitalization. They got rid of it when a high percentage of employees were taking the full sick month off in addition to their personal days and vacation...EVERY YEAR.

 

[kreactor]

5 occurrences in a year that's alot!

at the last staff meeting the new boss said he notice a pattern of sick calls, though
he didn't refer to anyone specific, we wonder what sampling size of months
he used to determined this pattern (and the fact he's only been here a few months)
.....it's like going to the beach and take one area of sand sample and then determine there are no shells on this beach

but i guess when you're a middle manager, u either can try to make improvements/innovate processes or increase productivity through discipline (firings) OR let ****** hit the fan to create some problems to fix in order to secure their jobs and request the hiring of even more managers

 

[jhayx7]

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


=================================================
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.

I am shocked that they have this policy. They are asking for a huge lawsuit. Your rights are covered under HIPAA and they do not need to know why you were sick, just a doctors note without diagnosis. Lets say you were out sick, went in for cancer pre-diagnosis, your employer asks for the note with diagnosis, sees that you are going in for cancer and they decide that they do not want to deal with an employee that will increase their health insurance rates next year and they fire you.

Now if your employer does make you (as it seems they will) your doctor will make you sign a release form saying that you agree to send potential PHI (personal health information) to your employer. They can not release this information to anyone that is not related to your health care.

If I were you I would call the HIPAA hotline (866) 627-7748 and make an inquery about your employers practice. Im not a lawyer but I do work for a very large health insurance provider and they make us sit through HIPAA compliance meetings and you have to take an exam once a year to make sure you understand HIPAA regulations.

 

[eits]

you don't have to disclose your health condition to anyone. if your doctor does without your permission, that's a violation of hipaa.

 

[eits]

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.

yup

 

[preslove]

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.

:roll: you missed the point of the fvcking question.

I would absolutely refuse to release any info beyond, "yes, he did show up for an appointment with me, Dr. So-and-So."

 

[GoPackGo]

Your employer can ask for a note.

They CANNOT ask what was wrong with you.

 

[Chadder007]

They can require a note....but Diagnosis???.. F' No.
I work at a hospital too, and thats a HIPPA Violation. They can be sued for that crap.
I would at the least report it to Corporate Compliance.

 

[I Saw OJ]

Originally posted by: 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.

You sir just made my sig!

 

[BD2003]

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.

Exactly. It requires diagnosis, but doesn't actually require mentioning what the diagnosis is...only that there was one.

 

[moshquerade]

Originally posted by: 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.

the employer cannot ask him to "waive the rights". he must do so with a signed consent form at the doctor's office specifying that his employer can have access to his medical records.

 

[Nik]

If you don't want to comply with the requirements of working there, then get a job elsewhere.

 

[Aharami]

i work for a heath insurance company and i have coded a lot of hipaa policies into our existing programs. It's definitely illegal for the company to ask WHY you were at the doctor. But its not illegal for the company to require proof that you were at the doctors

 

[jhayx7]

Originally posted by: Chadder007
They can require a note....but Diagnosis???.. F' No.
I work at a hospital too, and thats a HIPPA Violation. They can be sued for that crap.
I would at the least report it to Corporate Compliance.

Sounds like if they had a Corporate Compliance dept. they would not have this rule in their handbook.

 

[GoPackGo]

Originally posted by: GuideBot
If you don't want to comply with the requirements of working there, then get a job elsewhere.

:roll:

 

[crystal]

Originally posted by: GuideBot
If you don't want to comply with the requirements of working there, then get a job elsewhere.

Man, you are stupid. How about the company get shutdown and fine for noncompliance. :disgust:

 

[CravenTacos]

what if he was seeing a specialist of some type, or went to a clinic specializing in STD's, Cancers, etc....the doctor you see will pretty much illustrate the likely diagnosis. I think that this merely infers the actual problem, but should be considered a violation of HIPAA. Because if he had a terminal disease or was HIV positive or something, you can bet management and HR will find a random reason to fire him to avoid the medical/insurance cost, which is pretty much why this clause exists in HIPAA.

 

[kranky]

Could one of the people who insists it's illegal for the company to request a diagnosis please post one link to such information? I have looked, and I can't find any.

As far as I can determine, HIPAA doesn't even apply to employers.

 

[alkemyst]

Originally posted by: kranky
Could one of the people who insists it's illegal for the company to request a diagnosis please post one link to such information? I have looked, and I can't find any.

As far as I can determine, HIPAA doesn't even apply to employers.

It's not going to really fall under HIPAA, but here is a quick link: Link

It may or may not be legal/allowed. It depends on state probably most of all and then on what the employee signed for hire.

 

[Syringer]

Yeah based on what I know of HIPAA, i.e. what I saw on Prison Break, HIPAA is only doctor to doctor

 

[Golgatha]

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


=================================================
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.

Diagnosis no. Doctor's note saying you need to stay home, yes.

 

[PlatinumGold]

Originally posted by: Syringer
Yeah based on what I know of HIPAA, i.e. what I saw on Prison Break, HIPAA is only doctor to doctor

no, hipaa applys to doctor giving information out to anyone NOT THE PATIENT.

it is in now way limited just to doctor to doctor communication.

 

[kreactor]

as stated earlier, the policy was signed by the Hospital CEO and we do have a corporate compliance dept

are corporate compliance dept for the most part...independent, unbiased entities?
or it's not possible because they're paid by the hospital?

 

[OutHouse]

that is such BS. im so glad my company doesnt do that. when im sick with something i just wanna lay in bed and not haul my ass to a doc for something they cant cure (like a bad cold) and blow 20 bucks on a co-pay just to get a note from the doc saying im sick.

but im salaried and my boss knows when im sick i am sick.

 

[PlatinumGold]

Originally posted by: kreactor
as stated earlier, the policy was signed by the Hospital CEO and we do have a corporate compliance dept

are corporate compliance dept for the most part...independent, unbiased entities?
or it's not possible because they're paid by the hospital?

it doesn't matter who signed it.

it is definitely against hipaa, the only way your company could get away with it is if they had you sign a waiver.