According to HIPPA laws, does your employer have the right to require a medical diagnosis on a work excuse?

Answer 1

Normally, no. Normally, your employer can only request a document showing the appointment time and duration and whether or not you have been released for normal duties. If you claim an exemption to work duties your employer can ask for a description of the reason or limitation. This is not necessarily a diagnosis. If you make a worker's compensation claim they can request all relevant medical records.

Do remember that any time your employer requests any type of medical information, your employer is also subject to HIPPA laws. Your employer must keep the information confidential.

Answer 2

although it may be policy for an employer/ school to require notification of an appointment with a physician, they have no priviledges when it comes to knowing a dx. Hipaa can be a pain at times and work to your advantage at others. My former employer once required me to have an excuse from my dr. everytime I had to miss work. I immediately using my rights and the law stated " that would be insurance fraud" "If I have the flu,a virus there is nothing he can do and I have just spread it to everyone in the office." or " what about a bad case of diahhrea I can't work with it but it doesn't require a visit to the doctor." I agreed to commit fraud on behalf of my employer and signed a paper stating such . I was NEVER bothered again. LOL!!!!!!

Answer 3

No the employer not only does not have the right to know he can't even ask.

The employer may require confirmation from a health care provider indicating you were seen on a given day or detailed instructions on any work restrictions due to medical reasons but that is about it.

Answer 4

your employee or even a school may require a docs note if your out sick. but the doctor is not allowed to disclose what you had or what you were seen for unless you authorize it.

Answer 5

i may be wrong...but i think the answer is NO. the only information your employer needs to know is that you are either 'able' or 'unable' to safely perform your job duties.

Answer 6

Short answer- your employer might have the right to require a diagnosis, and they might have the right to insist you get a second opinion from a doctor of their choosing (at their expense). If the 1st & 2nd opinions differ, they can insist on a 3rd opinion (also at their expense)

Most doctors' notes I've seen just say something like "unable to work, starting 9/9/99 for 6-8 wks...." or "able to return to work, 8/8/88...". In most situations, that is good enough & your employer won't demand more. In some situations they can/will. I work in an atty's office- but I'm not an expert- you should check out the following links.
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Medical Privacy:
Frequently Asked Questions

This FAQ is an addendum to our Fact Sheet 8 on medical privacy and Fact Sheet 8a on HIPAA. It provides answers to questions we are often asked by individuals who contact us by phone and e-mail.

Does HIPAA guarantee privacy for my medical information?
Do I have a right to my medical records?
Do I have to pay for copies of my medical records?
How do I get access to my own medical records?
When can I expect to get my medical records?
Is my consent required before my doctor can disclose my health information?
Can a minor consent to health care without parental notification?
Is my boss able to inquire about what kind of doctor I'm going to see when leaving work for an appointment?
Someone has disclosed my medical history to an attorney without my written permission. What recourse, if any, is available to me under the law?
If I request copies of my medical file, is the provider allowed to use an outside copying service such as Staples or Kinkos?
I understand that HIPAA provides a minimum standard of privacy for medical records. How can I find out if my state has stronger laws?
How can family members of a deceased individual obtain the deceased individual's medical information that is relevant to their own health care?
I was injured at work and I have been asked to provide a release of my medical history for the workers' compensation case. I am not comfortable doing this. What are my rights?
I am concerned that my health care provider outsources some of their clerical work to foreign countries. Do they need my permission before giving my medical information to someone overseas?
Can I find out who has accessed my health records?
What can I do if my rights under HIPAA have been violated?
Can information about an unpaid medical bill be disclosed to a debt collector?
1. Does HIPAA guarantee privacy for my medical information?

No. This is a major misconception about privacy in general. There is no universal privacy rule, even for sensitive medical information. Any privacy you do have depends on a number of things, primarily who has your information.

HIPAA provides some limited privacy protections. But, HIPAA only applies to “covered entities,” that is health care providers, health plans, and what HIPAA calls “health care clearinghouses,” that is, those that transmit payment information electronically.

If your medical information is in the hands of your employer, the courts, or an insurer that is not covered by HIPAA, it is protected, if anything, to a different set of privacy standards.

2. Do I have a right to my medical records?

Yes. The HIPAA medical privacy law gives you the right to see and get copies of your own medical records. There are a few exceptions. For example, HIPAA does not give you the right to access psychotherapy notes or information compiled for use in litigation. Your request may also be denied if the provider decides access to the records could result in harm to you or another person.

In addition to HIPAA, many states have laws that allow patients or their designated representatives access medical records. State laws may give you more, but not less, privacy than HIPAA.

3. Do I have to pay for copies of my medical records?

You can be charged "reasonable" fees based on the costs of materials and staff time spent copying your records. You cannot be charged for time spent searching for your records. State laws usually allow health care facilities to charge a "reasonable" fee for copying records.

You can find the answer to this and many other medical privacy questions on the Heath and Human Services web site www.hhs.gov. Just click on "questions" in the upper right corner and select the privacy rule in the drop down menu.

Also, read our HIPAA guide at www.privacyrights.org/fs/fs8a-hipaa.htm

4. How do I get access to my own medical records?

HIPAA requires health care providers to allow you access to your medical records upon request. The privacy notice you receive must include information about how you can obtain copies of your medical records. If a written request is necessary, the privacy notice should also tell you this.

If you receive care in a federal medical facility, you have a right to obtain your records under the federal Privacy Act of 1974 (5 USC sec. 552a, www.usdoj.gov/foia/privstat.htm).

We advise that you make your request in writing. If you are denied access, you can file a complaint with the U.S. Department of Health and Human Service's Office of Civil Rights. Your state's medical privacy law might also enable you to file a complaint with state regulators. For a state-by-state guide to health privacy law, go to hpi.georgetown.edu/privacy/records.html and chose your state from the list on the right.

For a sample letter on requesting access to your medical records, see www.privacyrights.org/Letters/medical2.htm.

5. When can I expect to get my medical records?

HIPAA gives providers 30 days to provide the records. One 30-day extension is allowed for “good reason.” State laws may give a provider less time to comply with your request.

6. Is my consent required before my doctor can disclose my health information?

The short answer to your question is that your medical provider does NOT need your consent to share your medical information for treatment, payment, and or what HIPAA calls health care operations.

Unfortunately, the complete answer to your question involves an extended explanation of the federal privacy law, known as HIPAA. Click here to go to our Fact Sheet 8a on HIPAA, www.privacyrights.org/fs/fs8a-hipaa.

7. Can a minor consent to health care without parental notification?

It depends on the situation. HIPAA, the federal privacy law, says generally that parents may receive protected health information of minors. However, HIPAA sets a minimum standard, which allows states to create stronger laws.

Some states have enacted laws allowing minors to consent to certain types of medical treatment. To see if a minor can consent to a particular treatment you should consult state law.

The Guttmacher Institute has a guide to state laws, available at http://www.guttmacher.org/pubs/tgr/03/4/gr030404.pdf (2000)

For general information on your state's medical privacy law, go to http://hpi.georgetown.edu/privacy/records.html and chose your state from the list on the right or go to www.healthprivacy.org/info-url_nocat2304/info-url_nocat.htm.

8. Is my boss able to inquire about what kind of doctor I'm going to see when leaving work for an appointment?

This is a question we've heard before, but unfortunately we don't have a “black and white” answer. This is an employment law question, not a HIPAA question. HIPAA only covers employers in a very limited way. Employers may, for example, receive limited information when setting group health premiums. Unless there's a workplace health or safety question involved, your doctor would ordinarily need your consent to disclose information to your employer.

Other laws, such as the Family Medical Leave Act, may dictate the extent of medical information your employer can ask you to provide. The U.S. Department of Labor says an employer can ask for a "certification" of serious illness.

Here is a link to the Department of Labor's FMLA Fact Sheet. www.dol.gov/esa/regs/compliance/whd/1421.htm#2f

You may want to consider if the reason for your absence would qualify as a disability under The American with Disabilities Act (ADA). The government hotline for questions about the ADA is: 1-800-514-0301 (voice) 1-800-514-0383 (TTY).

It is possible the situation is covered in an employee manual or union agreement -- if your organization has a union. Your Human Resources Department should be able to tell you if either case applies.

If this is causing you problems at work, you may want to speak with an attorney. The web site www.nela.org or your local attorney referral service, listed in the telephone directory, can help you find a lawyer in your area.

Employee Notice 29CFR825.302
Eligible employees seeking to use FMLA leave may be required to provide:

30-day advance notice of the need to take FMLA leave when the need is foreseeable;
notice "as soon as practicable" when the need to take FMLA leave is not foreseeable ("as soon as practicable" generally means at least verbal notice to the employer within one or two business days of learning of the need to take FMLA leave);
sufficient information for the employer to understand that the employee needs leave for FMLA-qualifying reasons (the employee need not mention FMLA when requesting leave to meet this requirement, but may only explain why the leave is needed); and,
where the employer was not made aware that an employee was absent for FMLA reasons and the employee wants the leave counted as FMLA leave, timely notice (generally within two business days of returning to work) that leave was taken for an FMLA-qualifying reason.