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HIPPA
#173833 05/04/10 04:49 PM
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I have been employed with my current agency for about three years. Approxa year ago I was diagnosed with A/S and ordered to light duty by my doctor and remained in a light duty post until approximatelly 3 weeks ago. I am a Detention Deputy and my doctor is uncertain when or if I will be able to return to normal duties. My Lt. now has ordered me not to come to work, without pay, until I bring him a letter from my Doctor listing exactly what I am unable to do. My question for you is can he legally force me to bring this information or am I protected by HIPPA.
Thank you
guitarman

Re: HIPPA
Guitarman #174064 05/07/10 09:44 PM
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HIPPA gives rules to protect your helath information.

Below is from the HIPPA website:

Requests from your employer

The Privacy Rule does not prevent your supervisor, human resources worker or others from asking you for a doctor’s note or other information about your health if your employer needs the information to administer sick leave, workers’ compensation, wellness programs, or health insurance.

•However, if your employer asks your health care provider directly for information about you, your provider cannot disclose the information in response without your authorization.


•Covered health care providers must have your authorization to disclose this information to your employer, unless other laws require them to disclose it.


From a management perspective, I would need to know what duties you are and aren't able to perform. This proects the organization I work for because I don't want to give you assignments that your physicians don't feel your are capapable of performing, could worsen our symptoms, or cause you harm.

Your doctors can provide your employers with your limitations (ex. no lifting over 10 pounds, no bending or twisting, etc...) without actually giving your employer your medical diagnosis.

Disclaimer: I am not a lawyer nor am I offering any legal or medical advice. I am only providing my opinion for your consumption.


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--Count all your blessings and remember your dreams. J. Buffett
Re: HIPPA
thewino #175294 05/24/10 03:07 PM
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Hi, Guitarman and thewino. Thank you for your posts. Guitarman, you ask a very interesting question. As I answer questions here regarding Social Security disability benefits and your question concerns HIPPA in regard to an employment situation, I suggest that you speak with an attorney in your locality who concentrates in this area of law. Many times, lawyers will give free consultations if you call them or even if you just stop in.

Rich


Disclaimer: Thank you for your questions. Mr. Feingold's comments are offered as a public service, are general in nature and do not constitute legal advice for any specific legal situation or problem that you may have. Please be advised that no attorney-client relationship is created between Richard Feingold and those who post to this website. If you have a legal problem, you should contact an attorney to personally discuss the matter. You may contact Mr. Feingold for resources for finding legal help. Thank you.

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