Hipaa News
hipaa news
Is it a violation of HIPAA for an employer to call a doctor to see if you visited?
I saw this on the news the other day, fakedoctorsnote.com, and a thought went across my mind of the legality of it. I figured the only reason why it would work is because it is illegal for the doctor to confirm or deny your presence at their office. I don’t think it is illegal for your employer to ask, but i think it is a violation of HIPAA privacy laws for the Doctor’s Office to say you were there or not.
But on the flip side, wouldnt writing a fake note be illegal along the lines of impersonating a Doctor?
come to think of it, I guess it wouldnt be a violation of HIPAA based simply on the fact that you can give your employer a doctors note without signing any kind of waiver, but then again they may not need a waiver since you are hand delivering the note.
It’s not illegal for your employer to call the doctor’s office to see if you were there, especially if your employer is paying for the visit. Depending on the circumstances of the visit the Doc may or may not be able to release the information of your whereabouts. However, if being sent for a drug screening (which you would have already signed a release) the Doctor can give out the information. If you are going for anything other than an employer referred visit, the doctors office cannot give out any information.
Crosstalk 10-28-2011 News Round-Up–Jim Schneider
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