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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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Are there hipaa agents who investigate patients

Customer Question

Are there hipaa agents who investigate patients
Submitted: 2 months ago.
Category: Employment Law
Expert:  Olivia Kent replied 2 months ago.

Hello. My name is ***** ***** I'm an attorney. I'll be happy to help you in any way I can. My goal is to make sure you are completely satisfied before you submit your rating so please let me know if you have additional questions or you need me to clarify anything. If there is a delay in the time it takes me to respond it is because I am working with a customer or I am not online - but rest assured I will respond to your follow up question, if you have one. Also, I am on a mobile unit, which automatically asks you to submit a rating once I submit a response – but please don't feel like you need to do so until we are done speaking. Could you please clarify what you're asking.... what do you mean by "investigate patients"?

Customer: replied 2 months ago.
I was told a hipaa agent requested my records
Customer: replied 2 months ago.
Is there such an entity
Expert:  Olivia Kent replied 2 months ago.

No. There is not. Did they tell you why?

Customer: replied 2 months ago.
I work for uses and was out of work temporarily (unpaid and non fmla) and they wanted to verify my documents
Customer: replied 2 months ago.
my doctors office should not have answered any of theit questions or complied without my permission?
Customer: replied 2 months ago.
Sorry u work for USPS
Customer: replied 2 months ago.
I*
Customer: replied 2 months ago.
I was told this by the medical assistant at my doctors office. This took place last week. I had no knowledge of this until today.
Expert:  Olivia Kent replied 2 months ago.

No, your doctor's office acted correctly. They are not required to obtain your permission to verify that you are out of work for valid reasons... but that's not "hipaa agents"... that's why I was confused by your question. Does that make sense?

Customer: replied 2 months ago.
I returned to work last month. So what you are saying is someone can go to my doctor and request my medical info without my concent.?
Expert:  Olivia Kent replied 2 months ago.

Your employer cannot necessarily get the specifics of it but they are entitled to, let's say, verify that you want to a doctor when you said you went to a doctor.

Customer: replied 2 months ago.
Should they be shown my file?
Expert:  Olivia Kent replied 2 months ago.

No, they wouldn't be entitled to specifics... for example, if you have a disease or other medical condition that doesn't affect your employment they would not be entitled to that information. Does that help?

Customer: replied 2 months ago.
Ok I thought with HIPPA no info can be provided to anyone without my consent. But what you're say is they can't verify dates and that I was in fact there, but cannot be shown my records. Correct?
Expert:  Olivia Kent replied 2 months ago.

They generally can't be given information about your medical condition but they are able to verify that, for example, your doctor feels that you need to be out for a certain amount of time or you were seen by a doctor on such and such date - things like that. Do you have any additional questions I can help you with?

Customer: replied 2 months ago.
I read on the OCR site no info can be given to anyone without a warrant or if a crime was committed
Expert:  Olivia Kent replied 2 months ago.

Your employer is permitted to verify that you are not just skipping out on work. I'm simplifying it obviously - but they do not need a warrant to find out that you went to your doctor if you stated that you went to your doctor, for example.

Customer: replied 2 months ago.
I was told she showed them my records
Expert:  Olivia Kent replied 2 months ago.

Is there anything else I can help you with?

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