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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have worked at a private physician practice number of

Customer Question

I have worked at a private physician practice for a number of years. The practice was recently acquired by a large nonprofit religious healthcare organization. As a condition of employment, we are required to submit to a health screening. This includes a questionnaire regarding my health history, including info regarding communicable diseases. This questionnaire asks if I have an known fertility problems, ear,nose and throat issues, cancer, anemia, sinus trouble, night sweats,high blood pressure, heart disease etc. it also asks that I authorize my complete medical records to be released to them and to list any and all hospitalizations and physicians that I have seen in the past 5 years. If I don't sign this document or authorize the release of my records, I will forfeit my employment.
Is this legal, don't I have a right to my healthcare privacy under hipaa?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

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.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

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.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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