Hipaa Release Authority
hipaa release authority
Can government employer force workers to give up rights under HIPAA?
Employee is injured and is on limited duty. Employer (a County government) wants their medical records to determine if employee is fit for duty. Employer makes the release of the medical records a condition of continued employment. What give the County the authority to force the employee to give up rights of medical record disclosure?
Power of the purse. If the employee doesn’t want to release records to prove his or her condition, then the County doesn’t need to keep paying him or her.
If the employee tries to sue the County for unlawful termination, he or she will need to release those records to the court anyway.
#4.3 Legal Documentation and Medical History
