1
10 Pt
Guest
I was just joking with you.
All I found was this. I didn't tell on you though.
Boil some peanuts and you'll forget all about it.
Unbelievable...update on FMLA situation
- Thread starter BUCN85
- Start date
All I found was this. I didn't tell on you though.
Boil some peanuts and you'll forget all about it.
1
10 Pt
Guest
We, as employees, have limited exposure to who shares what with whom in HIPAA situations at work.
I got how that works though.
I had a center manager barge into my examination room uninvited. That, would be a problem if I had pushed it.
Educate yourself:
Summary of the HIPAA Privacy Rule
What Information is Protected
Protected Health Information. The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule calls this information "protected health information (PHI)."12
“Individually identifiable health information” is information, including demographic data, that relates to:
the individual’s past, present or future physical or mental health or condition,
the provision of health care to the individual, or
the past, present, or future payment for the provision of health care to the individual,
A major purpose of the Privacy Rule is to define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities. A covered entity may not use or disclose protected health information, except either: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing
It's against the law for your doctor to discuss anything regarding your medical treatment with anyone that you have not authorized in writing.
Like I said, call some of your old buddies and tell them to do what you're suggesting, I'd be interested to hear how it works out.
Catatonic
Nine Lives
Geezus ... Nowhere in your reply does it cover the scenario under discussion.
What a waste of time posting the text of the link I posted for you.
I read what you posted and about 20 times as much.
I think the reason I cannot find anything on this is because the scenario is not covered under HIPPA.
I suggest you go do some research and you can start here.
I am the employer. Can I call a doctor and veri - Q&A - Avvo
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1
10 Pt
Guest
I might be off base but I believe the root of his statement had to do with non-disclosure of an employee's medical info, the issue that local management don't get briefed on the basis for FMLA being approved and therefore it would take an employee divulging that info to his/her management to make the possibility of a center manager (or management person) being able to know which provider to call to move dates and times of appointments.
Which is crazy ... by the way.
You've gotten lost in your dope haze again, so let me remind you what we're talking about:Geezus ... Nowhere in your reply does it cover the scenario under discussion.
What a waste of time posting the text of theing link I posted for you.
I read what you posted and about 20 times as much.
I think the reason I cannot find anything on this is because the scenario is not covered under HIPPA.
I suggest you go do some research and you can start here.
I am the employer. Can I call a doctor and veri - Q&A - Avvo
Like I said, go ahead and tell some your old buddies to try this.
1
10 Pt
Guest
I can't believe Fragile's statement can you?
Management rescheduling a cancer patient's appointments?
I don't believe it.
You can tell your center manager who your doctor is, that's no big deal. But he absolutely cannot just call your doctor and start asking questions, rescheduling your appointments to suit his staffing, etc. Any Doctor who knows the law will just hang up on him.
1
10 Pt
Guest
That is nuts.
This isn't communist China.
Catatonic
Nine Lives
First - You didn't tell me what we are talking about.
It's quite possible we are talking about different subjects.
So, since you didn't tell me what we are talking about ... I replied to each side of our conversation above.
These are posts 73, 75, 77, 90, 96, 98, 103 and 104.
At this point, I will continue to research until I get sleepy but I'm not interested in what you have to say about this scenario as you don't appear to understand what is covered under HIPPA and what is not.
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In all the time it took you to find those posts you could have simply gone back and read Fragile's post which is what I was responding to:
I mean, I quoted him and everything so if you didn't know what I was talking about I'm not sure how that's my fault...
Catatonic
Nine Lives
So you didn't read my original reply to your post?
Well excuse me.
I'll point it out in big red letter's next time.
or better yet, I'll start a new thread next time since you can't handle two lines of thought at the same time.
Just because you ran off the rails jabbering like a loon don't expect me to follow you.
Catatonic
Nine Lives
I've noted your limitation ... it won't happen again.
Yeah I've got a weakness for sticking to the facts...
Catatonic
Nine Lives
I use to believe that but lately ... SMH
Off in your dope haze again...
Catatonic
Nine Lives
Not yet.
Have not imbibed in a couple of days ... quit making me sleepy so I'm going to lay off for a week.
I hate taking ambien even though it works ... sleep 7 hrs last night.
Catatonic
Nine Lives
You don't have to ... you already did.
See the big red bolded words.
I took your word you didn't understand what we were discussing ... Hmmmmm
Catatonic
Nine Lives
There seems to be some people providing false information on this so I did a few searches.
The link to the page is the number above the verbiage ... click on the number.
That way you can read it for yourself.
Google search: Can employer call an employee's doctor
(1)
Most Employers are Not “Covered Entities” Under HIPAA
Employees are often concerned that employers, who may have gained information about employee health conditions through leave requests or requests for accommodation, have improperly shared that information with other employees. For example, a supervisor may learn an employee is receiving radiation treatments for cancer, but the employee may prefer that information remain private from other employees. Individuals are often surprised to learn that many employers are not “covered entities” under HIPAA and therefore aren’t bound by those rules. In other words, HIPAA does not prevent an employer from sharing employee health information with other employees in most cases.
(2)
HIPAA Only Applies to Healthcare Providers, Which Usually Excludes Employers
Covered entities under HIPAA are health plans, health care clearinghouses, and health care providers. Privacy rules established by HIPAA apply ONLY to employers if they somehow operate in one or more of those capacities – as a health plan, a health care clearing house or a self insured health care provider. The same standards apply to covered entities in both the public and private sectors. In other words, unless your employer has any kind of health clinic operations available to employees, or provides a self-insured health plan for employees, or acts as the intermediary between its employees and health care providers, it will not be handling the kind of PHI protected by the HIPAA privacy rule.
(3)
Individuals are often surprised to learn that many employers are not “covered entities” under HIPAA and therefore aren't bound by those rules. In other words,HIPAA does not prevent an employer from sharing employee health information with other employees in most cases.
(4)
Your employer can also require you to provide a written medical certification from a health care provider verifying yours or the family member's serious medical condition. And yes, she can call the doctor to verify your work excuse, but the doctor should not release any medical information without your permission.
(5)
A doctor's office shouldn't even verify if you are or aren't a patient without a written HIPAA waiver, or a valid HIPAA exception (e.g. a valid subpoena). That said the HIPAA obligations fall on the doctor's office, not your employer. So your employer is certainly free to try.
Edit: On reflection there are good non-HIPAA related reasons why your employer should avoid, as much as possible, finding anything out about your medical background.
Actual knowledge makes a prima facia case of employment discrimination easier to make.
The link to the page is the number above the verbiage ... click on the number.
That way you can read it for yourself.
Google search: Can employer call an employee's doctor
(1)
Most Employers are Not “Covered Entities” Under HIPAA
Employees are often concerned that employers, who may have gained information about employee health conditions through leave requests or requests for accommodation, have improperly shared that information with other employees. For example, a supervisor may learn an employee is receiving radiation treatments for cancer, but the employee may prefer that information remain private from other employees. Individuals are often surprised to learn that many employers are not “covered entities” under HIPAA and therefore aren’t bound by those rules. In other words, HIPAA does not prevent an employer from sharing employee health information with other employees in most cases.
(2)
HIPAA Only Applies to Healthcare Providers, Which Usually Excludes Employers
Covered entities under HIPAA are health plans, health care clearinghouses, and health care providers. Privacy rules established by HIPAA apply ONLY to employers if they somehow operate in one or more of those capacities – as a health plan, a health care clearing house or a self insured health care provider. The same standards apply to covered entities in both the public and private sectors. In other words, unless your employer has any kind of health clinic operations available to employees, or provides a self-insured health plan for employees, or acts as the intermediary between its employees and health care providers, it will not be handling the kind of PHI protected by the HIPAA privacy rule.
(3)
Individuals are often surprised to learn that many employers are not “covered entities” under HIPAA and therefore aren't bound by those rules. In other words,HIPAA does not prevent an employer from sharing employee health information with other employees in most cases.
(4)
Your employer can also require you to provide a written medical certification from a health care provider verifying yours or the family member's serious medical condition. And yes, she can call the doctor to verify your work excuse, but the doctor should not release any medical information without your permission.
(5)
A doctor's office shouldn't even verify if you are or aren't a patient without a written HIPAA waiver, or a valid HIPAA exception (e.g. a valid subpoena). That said the HIPAA obligations fall on the doctor's office, not your employer. So your employer is certainly free to try.
Edit: On reflection there are good non-HIPAA related reasons why your employer should avoid, as much as possible, finding anything out about your medical background.
Actual knowledge makes a prima facia case of employment discrimination easier to make.
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