How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ScottyMacEsq Your Own Question

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 10609
Experience:  Licensed Texas General Practice Attorney
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

Is biometric screening a violation of HIPPA laws by employers

Resolved Question:

Is biometric screening a violation of HIPPA laws by employers if r they equire it and make you may pay addional premiums if you won't submit to it?
Submitted: 4 years ago.
Category: Legal
Expert:  ScottyMacEsq replied 4 years ago.
It's only a violation of HIPAA laws if the employer is given a report or told any confidential information relating to you personally. The only thing that the insurance company can give the employer is a summary report with individuals de-identified. HIPAA prevents anyone at your place of employment from receiving your results. The results are for the insurance company only, so that they can identify certain risk factors and help physicians lower certain risk factors for diseases and other conditions.

Look at it this way... if you have high blood pressure and high cholesterol, but do not know it, you could have a heart attack soon. Clearly that's much more expensive for an insurance company to pay for than for some drugs to lower blood pressure and cholesterol. That's why they do it.

In terms of the additional premiums and the legality of them, there's nothing to say that they're illegal, in that there's no law prohibiting them or mandating that employees all get the same premium regardless. The only caveat is if your state prohibited this behavior, but I cannot find a single state that prohibits it in my search of the law.

I'm sorry if this is not what you wanted to hear. I hope it clears things up anyway. Good luck to you!
Customer: replied 4 years ago.

My Follow Up- 1) How can I/we be sure that no medical information is passed on to the employer in any way? 2) I know they cannot legally release people due to medical issues that have no impact on their jobs, but in these economic times of uncertainty I am aware of employees with medical or advanced ages being targeted for lay-offs. Both from Public and Private companies. 3) How can they financially penalize an employee

for not submitting to the Biometric Screening especially if they are already under a physicians care?
Expert:  ScottyMacEsq replied 4 years ago.
1) Do not sign a waiver, or limit the amount of information that you allow to be released. Also, bring a written request to your physician revoking your consent to release information regarding your condition to your insurance company and/or your employer. Finally, call your insurance company and make it abundantly clear that you want your medical information kept private under the HIPAA laws. Here's an article about how you can proactively work to keep your records safe.

2) Bear in mind that a wrongful termination that is in violation of wrongfully obtained health information, age discrimination, etc..., is actionable under Federal law. If this happens to you, find a lawyer immediately and sue them.

3) The insurance company operates on risk. The more they know about your health condition, the better their preventative care can be and the lower their costs are. Also, the better your health is, and the less likely you are to have a major medical issue. They can financially penalize you to keep costs down. Technically speaking (on the balance sheet) they are likely giving those who participate a $20 bi-monthly discount, rather than penalizing non-compliance, but to get more people to participate in the program, from a psychological standpoint people are twice as likely to act based on something they might lose rather than what they might gain. So if they say they'll take $20 away from you if you don't do this, you're more likely to do it than if they said they'll give you $20 if you do it, even though there's the same result.

I hope this helps. Good luck!
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 10609
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 13 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
THANK YOU!!!!!!!!!Cooltitle="Cool" width="18" height="18"/>
Expert:  ScottyMacEsq replied 4 years ago.
You're welcome. If this was helpful, please select the green "accept" button, as this is the way that we get paid for the service that we provide.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8201
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19419
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8122
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2131
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    83
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    30758
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15340
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.