Is it legal for an Employer to require a Medical Diagnosis even for routine medical appointment?

Question

We have a new policy in place as of 01/01/07 within our office, that requires a medical diagnosis from the Doctor whenever we take time off (paid sick-time) from work for a Medical Appointment. We are already required a medical excuse after three absences in one year for illness, family illness, etc.. But now, as I understand it, they want a medical diagnosis from the Doctor on that excuse. I guess if you are ill, (cold, flu, etc.), I might agree with this, (since we do have those usual office sick-time abusers, as everyone does!!), but I wonder if it is legal when you only leave work for a short time for a routine medical exam? Someone might be being treated for a medical condition that they wish to remain confidential, but that may require regular monitoring by their physician. It is causing quite a "stir" within our office! As I understand it, this is NOT a violation of the HIPPA Act, since that only covers health care providers, insurance, etc.. Any info, anyone? Is this legal?

I actually phoned the U.S. Dept. of Human Services, Office of Civil Rights,(they are "in charge" of the HIPPA Act. They told me that this is NOT a violation of the HIPPA Act!

kja63: Thanks for the info..I realize that HIPAA (oops!) covers those individuals that you stated, but they (U.S. Dept of Human Services), told me that as far as an EMPLOYER asking for this info. on a medical excuse, it is NOT a violation of HIPAA, it might possibly be a violation of some Dept. of Labor law, (hit a "dead end" there!!), but not a HIPAA law violation.

Answer 1

Your employer's practice is a bad one. The intent is to stop the sick-time abusers, but in the process, your employer is requiring you divulge private information that you shouldn't have to give up.

One practical way of addressing this situation is to work with your doctor and have him give a vague diagnosis for every appointment. In order for your insurance to pay, the doctor has to record a diagnosis anyway, so it's not a problem for him. He's very used to stupid employer and insurance requirements, I'm sure.

Answer 2

I can see how it wouldn't be a violation of HIPPA as the employer is asking you directly for that information...making it your choice whether or not to give it to them. For it to be a HIPPA violation, your employer would get the information directly from your physician without your consent. Now as for your actual, original question...I find that disturbing. You should not be required to provide a medical excuse for sick time used. I understand when there are multiple occurrences...but criminy! Who wants to spend that much time going to the doctor for every time your sick! I avoid the doc as much as possible personally! What this is going to lead to is more people coming to work sick and passing their germs on to others...not good! Whether or not your employer can do that...well, probably they can or they would have already been advised by their attorneys I would assume.

Answer 3

It's perfectly legal. It's also legal for you to quit and go somewhere that doesn't require this.

You don't say how specific the note has to be. If it is "Off work for 3 days due to bronchitis" I don't see what the problem is. The doctor can phrase it in general terms.

Answer 4

You are misinformed. Medical offices (doctor's office) are bound by HIPAA regulations as well. Your employer is not legally entitled to know anything about your medical history other than if you are out on disability and they need to know your expected date of return. Speak to your lawyer.

Update: Sorry, but I have the HIPAA (please note correct spelling)manual right in front of me. You got some bad information. Doctor's offices are indeed bound by HIPAA, as are hospitals and walk-in clinics and Health Departments.

Answer 5

I am pretty sure that there are federal laws in place that protect your medical privacy. I would resist this requirement. I think your employer is breaking a law somewhere. Check out link below.