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Unbelievable...update on FMLA situation
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<blockquote data-quote="Catatonic" data-source="post: 2838103" data-attributes="member: 7966"><p><strong><span style="font-size: 26px"><span style="color: #ff0000">There seems to be some people providing false information on this so I did a few searches.</span></span></strong></p><p></p><p><strong>The link to the page is the number above the verbiage ... click on the number.</strong></p><p><strong>That way you can read it for yourself.</strong></p><p><strong></strong></p><p><strong>Google search: <a href="https://www.google.com/search?q=Can+employer+call+an+employee%27s+doctor&oq=Can+employer+call+an+employee%27s+doctor&aqs=chrome..69i57j0l2j69i64.18463j0j8&sourceid=chrome&ie=UTF-8" target="_blank">Can employer call an employee's doctor</a></strong></p><p><strong></strong></p><p><strong><a href="http://www.hq-law.com/blog/employment-law/health-privacy-not-protected-by-hipaa-at-work/" target="_blank">(1)</a></strong></p><p><strong><span style="font-size: 18px"><strong>Most Employers are Not “Covered Entities” Under HIPAA</strong></span></strong></p><p><strong>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 <strong>many employers are not “covered entities” under HIPAA and therefore aren’t bound by those rules</strong>. In other words, HIPAA does not prevent an employer from sharing employee health information with other employees in most cases.</strong></p><p><strong></strong></p><p><strong><a href="http://www.hq-law.com/blog/employment-law/health-privacy-not-protected-by-hipaa-at-work/" target="_blank">(2)</a></strong></p><p><strong><span style="font-size: 18px"><strong>HIPAA Only Applies to Healthcare Providers, Which Usually Excludes Employers</strong></span></strong></p><p><strong><strong>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</strong>. 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.</strong></p><p><strong></strong></p><p><strong><a href="http://www.hq-law.com/blog/employment-law/health-privacy-not-protected-by-hipaa-at-work/" target="_blank">(3)</a></strong></p><p><strong>Individuals are often surprised to learn that many <strong>employers</strong> are not “covered entities” under <strong>HIPAA</strong> and therefore aren't <strong>bound</strong> by those rules. In other words,<strong>HIPAA</strong> does not prevent an <strong>employer</strong> from sharing employee health information with other employees in most cases.</strong></p><p><strong></strong></p><p><strong><strong><a href="https://www.google.com/search?q=Can+employer+call+an+employee%27s+doctor&oq=Can+employer+call+an+employee%27s+doctor&aqs=chrome..69i57j0l2j69i64.18463j0j8&sourceid=chrome&ie=UTF-8" target="_blank">(4)</a> </strong></strong></p><p><strong>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. <strong>And yes, she <strong>can call</strong> the <strong>doctor</strong> to verify <strong>your</strong> work excuse, but the <strong>doctor</strong> should not release any medical information without <strong>your</strong> permission.</strong></strong></p><p><strong><strong></strong></strong></p><p><strong><strong><a href="https://arstechnica.com/civis/viewtopic.php?p=21953637" target="_blank">(5)</a></strong></strong></p><p><strong>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).<strong> That said the HIPAA obligations fall on the doctor's office, not your employer. So your employer is certainly free to try.</strong></strong></p><p><strong></strong></p><p><strong>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. </strong></p><p><strong>Actual knowledge makes a prima facia case of employment discrimination easier to make.</strong></p><p><strong></strong></p></blockquote><p></p>
[QUOTE="Catatonic, post: 2838103, member: 7966"] [B][SIZE=7][COLOR=#ff0000]There seems to be some people providing false information on this so I did a few searches.[/COLOR][/SIZE][/B] [B]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: [URL='https://www.google.com/search?q=Can+employer+call+an+employee%27s+doctor&oq=Can+employer+call+an+employee%27s+doctor&aqs=chrome..69i57j0l2j69i64.18463j0j8&sourceid=chrome&ie=UTF-8']Can employer call an employee's doctor[/URL] [URL='http://www.hq-law.com/blog/employment-law/health-privacy-not-protected-by-hipaa-at-work/'](1)[/URL] [SIZE=5][B]Most Employers are Not “Covered Entities” Under HIPAA[/B][/SIZE] 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 [B]many employers are not “covered entities” under HIPAA and therefore aren’t bound by those rules[/B]. In other words, HIPAA does not prevent an employer from sharing employee health information with other employees in most cases. [URL='http://www.hq-law.com/blog/employment-law/health-privacy-not-protected-by-hipaa-at-work/'](2)[/URL] [SIZE=5][B]HIPAA Only Applies to Healthcare Providers, Which Usually Excludes Employers[/B][/SIZE] [B]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[/B]. 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. [URL='http://www.hq-law.com/blog/employment-law/health-privacy-not-protected-by-hipaa-at-work/'](3)[/URL] Individuals are often surprised to learn that many [B]employers[/B] are not “covered entities” under [B]HIPAA[/B] and therefore aren't [B]bound[/B] by those rules. In other words,[B]HIPAA[/B] does not prevent an [B]employer[/B] from sharing employee health information with other employees in most cases. [B][URL='https://www.google.com/search?q=Can+employer+call+an+employee%27s+doctor&oq=Can+employer+call+an+employee%27s+doctor&aqs=chrome..69i57j0l2j69i64.18463j0j8&sourceid=chrome&ie=UTF-8'](4)[/URL] [/B] 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. [B]And yes, she [B]can call[/B] the [B]doctor[/B] to verify [B]your[/B] work excuse, but the [B]doctor[/B] should not release any medical information without [B]your[/B] permission. [URL='https://arstechnica.com/civis/viewtopic.php?p=21953637'](5)[/URL][/B] 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).[B] That said the HIPAA obligations fall on the doctor's office, not your employer. So your employer is certainly free to try.[/B] 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. [/B] [/QUOTE]
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