Employment Law Questions? Ask an Employment Lawyer.
Thank you for the information and your question. Although HIPAA does provide certain privacy protections, it is not absolute. In other words, as long as the questionnaire an employee is required to complete at employment or after does not ask for genetic information (including family medical history) and the health information is not used to deny, restrict, or delay eligibility or benefits, or to determine individual premiums it is lawful for the employer to ask for the information and to make the completion a condition of employment. But again, they cannot discriminate against the employee in any way or deny coverage, etc., based on the responses and must protect the information by ensuring that only those with a need to know, usually the health plan administrator, has access to the information. Otherwise, they would violate HIPAA and privacy laws.
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I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 7th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.
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