hi,
i have been out of work for six months due to a herniated disc and a disc tear. this happened off the job and is not work related. i am paying my own bills. my employer is sending me to there own town doctor for a "fit for duty exam". i do not mind going, but i rather keep my medical history between me and my personal doctors, and not the towns doctor. the town doctor will not examine me if i do not sign the release form for my medical records. i have two notes of stay out of work from both, my primary care, and back specialist doctors, along with a medical report and MRI. i will be giving them to the town doctor. i am currently in physical therapy. my question is, what can happen to me for not signing over my medical records, thus not being able to see there doctor for the fit for duty exam. are the two notes, report medical and MRI good enough?
2007-01-24 11:07:33 · 8 answers · asked by KC 1 in Health ➔ General Health Care ➔ Injuries
If the exam is just to evaluate your back injury to clear you for work i would bring the reports and mri physically with you. If they want to take your blood pressure and give you a physical thats their call. the rest of your records are your's. Don't sign a release. The reason you were not fit for duty was the back injury and that should be their only concern.
I've dealt with this issue due to on the job injuries and trust me when i say your medical records are not as protected as people think, workers compensation is even worse, HIPA it tossed out the window and insurance companies seem to deem everyone a "third party administrator".
Take them with you and leave with them. good luck
2007-01-24 19:32:44 · answer #1 · answered by George 4 · 0⤊ 0⤋
The law is called HIPAA, and it marks the kind of records that can and cannot be released. Some medical records can be released to certain individuals under certain circumstances. And there is a real big difference between medical records that talk about your conditions, your medical care, medications, etc., and papers that you took to the doc to have filled out, and he returned them to your employer rather than you. In this case you need to call and have a consult with an attorney. Consults are usually free. Only you know what docs were released to your employer, and only an atty will know what laws govern your state. HIPAA is federal, but there are still local considerations that may rule. Good luck.
2016-05-24 05:41:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Usually as with your case,the back injury,they will only send the chart finding's that are relevant to the injury and what was done and how you responded to treatment or surgery etc. The "whole" chart doesn't get copied and sent to the "new MD,only if you leave the state and you want the complete records to go with you. When you sign the forms to allow medical records to be copied,and sent,you can be very specific in writing and state only those record's may be forwarded etc. SW RNP
2007-01-24 11:22:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
if it's a non job injury i would think they have no right to your medical records..when you are ready they will have you see the town doctor to be declared fit to return to duty and such but before that time it's non of their concern...what records do they want,ones relating to this injury or would they take advantage and get all your records for as long as you have been seeing this doctor...worst comes to worse talk with your union rep or someone in human resources
2007-01-24 14:11:50 · answer #4 · answered by charmel5496 6 · 0⤊ 0⤋
i would say ask your empolyer. i dont think you can be fired if you dont go to the town doctor. they probally want you to their doctor to make sure you arent faking it but since this was an off duty injury that might not be the case its best to just talk to your boss and explain your reasonings behind not wanting to go the town doctor and try to give specif reasons. because if you just give a general answer such as that you want to keep your records between your doctors it might seem shady. but tell them you dont mind taking the fit for duty exam but want to have it done by a doctor you trust. hope this helps and feel better. god bless you and all firefighters.
2007-01-24 12:57:10 · answer #5 · answered by gousa1991 4 · 0⤊ 0⤋
Ask your employer if a letter from your personal Dr will suffice as the town Dr is being unaccomidating - you are not transfering to him as a patient and a simple exam should not require a full medical release.
2007-01-24 11:14:08 · answer #6 · answered by Walking on Sunshine 7 · 0⤊ 0⤋
The reason they ask for you medical records when you go to see another physician is they check to see prior your medical history on the injury. You can specify what records you want sent to the physician.
2007-01-28 08:23:53 · answer #7 · answered by Brittany 1 · 0⤊ 0⤋
Depends on your employer.
They usually want you to be checked by their
specialist.
Remember your medical records are confidential.
Their doctor can't discuss anything with your employer except your ability (or not) to return to
your job.
2007-01-24 11:14:29 · answer #8 · answered by diannegoodwin@sbcglobal.net 7 · 0⤊ 0⤋