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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12627
Experience:  Significant experience in all areas of employment law.
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Is it illegal supervisor to view an employee's medical

Customer Question

Is it illegal for a supervisor to view an employee's medical record if they work in a hospital?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and welcome. Yes, this would be illegal as it amounts to a violation of HIPPA, since viewing the records would not be necessary to provide medical treatment to the employee. It would also amount to a violation of the Americans with Disabilities Act, which restricts an employer's ability to acquire medical records of employees, and allows an employer only to request general information regarding an employee's medical condition.I hope that this answers your question. If I can provide any sort of clarification please let me know. If you do not require any further assistance please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes.
Customer: replied 2 years ago.
Is it illegal if a supervisor checks to see if you had a doctor's appointment on a specific day?
Expert:  Patrick, Esq. replied 2 years ago.
It would be a violation of HIPPA to directly access the employee's medical records even for this purpose. However, the employer does have the right to demand that the employee produce proof of the doctor visit. They just can't access the employee's medical records without consent to accomplish that. They must have the employee produce proof on their own. I hope this clarifies things.
Expert:  Patrick, Esq. replied 2 years ago.
Hello again, I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator. 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. Very best wishes.