Employment Hipaa
employment hipaa
Can employer policies override HIPAA laws?
Can an employer require that an employee disclose the names of medications in a Section 125 reimbursement plan, citing one’s signature of an employment policy giving permission to do so?
Can one sign away their HIPAA rights like that?
Thanks.
HIPPA laws refer to prohibitions against medical professionals, to give out your private medical information. I would not see it as violating those laws.. the doctor is not giving the info to your employer, but the employer is asking YOU for the info. Since you are not the Dr, you have authority to disclose your info. So.. they are really not ‘OVERRIDING’ the law.
I can’t say one way or the other if it is “coercive” to require you to disclose medications, by signing an agreement to do that. My son in law drives an 18 wheeler… any medication that he might take, would absolutely be relevant to his ability to drive long distance. That would be reasonable for them to require knowledge of. Medications of different kinds (for different reasons) can affect what happens in your work, or your ability to do a job.
Sounds like they have spelled it out in the employment policy, which you are free to sign or not.. you have not signed away the right to insist that your doctor not give them info. On the other hand.. any insurance policy requires a Dr to release info for legitimate reasons. That is also completely standard and legal.
I doubt that our medical info is anywhere near as “private” as we like to think.
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