Can employer contact my dr?

[alwaysworkingthruit]

Despite this being an ongoing (2.5 years) issue, my union lawyer does not want to get involved until 'the next violation.' I'm so defeated because I know the law is being broken, as he too acknowledges. To that end, thank you all for your advice. Support means a lot right now!!!!

 

[lostforgottensoul]

No, that is against HIPPA laws unless you have given signed written consent. Which you can revoke at anytime and if your doctors are providing medical records to anyone without written consent and after revoking written consent, they are in huge trouble.

I believe you can also ask said doctor whom has requested medical records and when. Each doctor has a medical records team who keep track of that (typically). Your job can be in trouble for asking for them without an obvious accomendation reason. And typically for an accomediation, you are having the doctor fill out paperwork. They don't request more info directly from your doctor. If they need more info they give you paperwork, advise what the info is. You give that to your doctor to provide the more info and then give it back to your job. I cannot think of one reason a job should be reaching out to your doctor directly.

There are also accomendation laws and how medical accomediations are to be handled. I would google those. And if there is any breaking of HIPPA or of the accomendation laws, I would seek help from a disability attorney. Those laws are there for your protection.

 

[alwaysworkingthruit]

No, that is against HIPPA laws unless you have given signed written consent. Which you can revoke at anytime and if your doctors are providing medical records to anyone without written consent and after revoking written consent, they are in huge trouble.

I believe you can also ask said doctor whom has requested medical records and when. Each doctor has a medical records team who keep track of that (typically). Your job can be in trouble for asking for them without an obvious accomendation reason. And typically for an accomediation, you are having the doctor fill out paperwork. They don't request more info directly from your doctor. If they need more info they give you paperwork, advise what the info is. You give that to your doctor to provide the more info and then give it back to your job. I cannot think of one reason a job should be reaching out to your doctor directly.

There are also accomendation laws and how medical accomediations are to be handled. I would google those. And if there is any breaking of HIPPA or of the accomendation laws, I would seek help from a disability attorney. Those laws are there for your protection.

You are so correct! Thank you

Thank you to all! I know my HR dept is breaking the law. My union lawyer does not find this a priority, for some strange reason. Dr. Has not provided info (bc I did not provide consent), so they are now harassing him. He will never oblige, thankfully. Not sure of what to do next. ?

 

[lostforgottensoul]

Dr. Has not provided info (bc I did not provide consent), so they are now harassing him.

Personally? I would seek help from a disability lawyer. You can even get free asvise at first. I would want to approach my job and ask them why they are calling my doctor directly and not going through the proper accomendation process but you have to be careful there. Which is why a disability lawyer is best to guide you. They are absolutely breaking the law here by calling your doctor directly and not going through the proper paperwork for an accomendation.

Do you know what they are after?

 

[alwaysworkingthruit]

I agree. I have NO IDEA what they are after. I dont know if they're ignorant or incompetent. Or vengeful. In any case, I need to do something. EEOC complaint? Lawyer? I'm weighing options.

 

[EveHarrington]

It all comes down to $$$ in one way or another.

 

[Sideways]

, I need to do something.

Do you?

Maybe that’s a stupid question and I’m missing something obvious, but if they want to send the same request to your doctor a thousand times, but your doctor isn’t going to give them squat...I’d be like, “Knock yourself out with those pointless requests”.

If you want to keep working there and it’s a small organisation, going straight to setting a lawyer on them may be counter productive. There are more diplomatic ways to simply have the conversation with HR - “You know, what you’re doing is a violation of HIPAA...”.

 

[alwaysworkingthruit]

I appreciate the words of advice. My two biggest problems, in addition to constantly asking myself why my employer wants the information, are (1) money to fight, as I am a teacher, and (2) my retirement at stake, as I have 2 years left (until I can be eligible to leave the profession and pull from my retirement at age 65). For me, it's the principle of them being in the wrong, but it might require me to, rather, educate them about the law and sit still for 2 more years! It's so frustrating that an organization that can - and should be held to the law- is breaking it!!!!

 

[Sideways]

I have no idea about the law where you are, but certainly here, the violation would be providing the private medical information, not requesting it, where I live.

People can, and do, ask for access to information they’re not entitled to all the time, every day of the week, in all different situations. And for organisations (like your doctor’s surgery) that hold private information, there’s a whole tonne of laws about collecting, storing, using, and accessing that information.

But most times, when someone asks for information they’re not entitled to? The answer is simply “No”. Your doctor seems to be clear on that.

When they come back and say “But I really really want it”. The answer is just “No. Still no.”

The fact that your employer seems to not want to let this go? That HR literally has nothing better to do with their time - is kinda sad. Maybe you could swing by HR and give them a crossword book and suggest that might be a more fun to occupy their time? Offer to play Cluedo with them at lunch!?:rolleyes:

I get the principle of the thing. Principles are important. But is this principle worth compromising your hard-earned retirement entitlements for? Nup. Those entitlements are a big deal. Getting them in 2 years seems like a pretty good “Up yours” to your employer for putting you through this.

 

[alwaysworkingthruit]

So right! Thank you

 

[DharmaGirl]

Attorneys can't do anything unless there is injury, mental or physical, from the HIPPA violation. When I was inpatient, one of the nurses left her report note in the dining area and a patient brought it to me thinking it was hers, and it turned out to be mine. That was a huge violation, and the head of HR, a Pdoc and a hospital rep and I had a meeting. I received a letter from them saying that I had agreed not to pursue the issue,

 

[blackemerald1]

I've had a similar situation that went on for quite a while. My doctor consistently said no and then put them on ignore...for that particular request.

We thought they'd come back with a big stick and 'make' him hand over info., but apparently... two years later.... it was bluff. Or they got sick of it... or they got their own legal advice which told them...it wouldn't be worth it it... I don't know.... Either way I didn't tell them to stop asking but they did stop.

But @Sideways is correct. If you have made it clear to your doctor that you do not consent to info., being exchanged... and it hasn't then there is no violation.

I know it's confronting and annoying but keep some perspective, keep working and look forward to retirement! :)