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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15913
Experience:  Licensed Texas General Practice Attorney
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I have a note from my doctor based on a procedure I had in

Customer Question

I have a note from my doctor based on a procedure I had in the hospital yesterday 10/4/16 . I called my supervisor this morning to let him know I would be out till Monday 10/7/16. He asked me to tell him what specific medical problems I will be out for I told him because my doctor does not want me to return on Monday . He got angry and demanded to know why. I told him that is all the information I will give him at this time.Was I in compliance with the hippa laws
Submitted: 3 months ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 3 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. HIPAA only applies to doctors, medical establishments, and insurance companies that deal with medical records. It does not apply to employers. And it only applies to disclosure of the records, in that if your doctor discloses medical records to your employer without your consent, that's a HIPAA violation. These are your records, so you can disclose them all you want. You're not bound by any provision of HIPAA. Likewise, your employer is not. Your employer is not violating HIPAA by asking you what medical condition you have, etc...

Furthermore, under other laws (ADA, FMLA) the employer is allowed to verify the medical condition / disability. There's no law that requires the employer to take the employee's word for it. Now that doesn't mean that he has the right to your medical records, etc... but rather the information that is reasonably necessary to establish that you have a condition that would fall under ADA, FMLA, etc...

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 3 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 3 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)