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[fionnbharr]

I have been off from work for approximately a week now for Vertigo. My family physician is working on getting me into an ENT doctor for the situation. Now, this morning, my employer called my physician requesting my MEDICAL RECORDS. I understand that I must provide a doctors excuse ( which I have ) however, I'm thinking my medical condition is NONE OF THEIR BUSINESS. My physician informed me this morning that they will NOT give them any information unless I sign for the company to have it. My question is : Should my employer be requesting my medical records and is that against any federal, state, or local law in the state of West Virginia. ?

[ezri]

being under a doctors care does NOT mean you are protected under ADA.....
first you must have a disability not just any illness or injury will do
then you must request a reasonable accommodation and the employers is required to try and meet that accommodation as long as it is reasonable and does not cause an undue hardship on the employer you must also be able to perform the essential duties of the job with that accommodation..... under ADA the employer can NOT ask about a disability but if the disability is not obvious the employer can NOT be held responsible if the employee fails to request the protections of ADA....... simply put you can NOT claim the protections if you have failed to notify the employer and request an accommodation..... ADA requires that the employee be able to do the job and an accommodation could be a schedule change, decrease in number of days or length of days but it does not protect absenteeism......

as far as HIPAA is concerned your employer can not get your records without your consent,
it is NOT illegal for them to ask for the records, if there is a violation under HIPAA it is the health-care provider who fails to protect the records that is in violation, NOT the person who requested the information.....
you can refuse but if they have a legitimate reason for the records you must provide them or face the consequences of refusing... legitimate reasons are information required to make a determination concerning the safety of the other employees, employer, or customers; being self-insured, applying for group coverage, or other possible reasons that are legitimate on a case by case basis....
when medical records are part of your file they MUST be separated from all personnel files and MUST be protected for privacy, only those with a verifiable reason may have access to them....

generally what he employer may ask for is a diagnosis, and/or prognosis to include estimated length of absences, possible accommodations, and necessary health and safety procedures....
the employer generally can NOT ask for specific medical information about your particular condition.....

[gabrielo19]

HIPAA stops your doctor from giving out the information without your permission.

No law stops your employer from firing you for not providing the information they want.

If you don't provide the information, they can fire you.

The only way you could stop it is if you convince a court that this is a pretense for a discriminatory action. People with vertigo are not a protected class, and firing you is not discriminatory.

You can give your physician permission to release records regarding your care for vertigo. That won't include everything in your record (but expect your doctor to charge you for doing this).

Or, you can nicely ask HR what concerns they have that your physician could directly address. Maybe they want to know if this is likely to happen again. (It isn't illegal to fire you if they think it will.) Maybe they want to know if you are safe to do your job.

[galvin]

I ask for my military 201 file's four 27 year's. for proofing of injury to the va hospital. in 27 year's record have pulled a no show. do they discriminate ageist all disabled veteran's this way.

[anglesey34]

It is none of their business, and they are putting themselves in a bad position for even asking. The doctor of course does not release the info, b/c it is against the HIPPA laws to do so.

[naseem]

Being under a doctor's care does not make you a person with a disability, and qualify you for protection under the ADA.

[favian]

Being under a doctor's care does not make you a person with a disability, and qualify you for protection under the ADA.

Good answer Michr!