Can my employer call my Dr.'s office and ask them to fax over the "restrictions" that he placed on me? I am a new employee with just under 60 days of employment. I have no sick days or vacation days incurred as of yet. The Chriopractor Dr. faxed over the "restrictions" without my consent. I have heard that if there's one thing that a Dr. can release, it is those "restrictions" he has placed on me before I can return to work. My Supervisor obvisouly was checking out my "story" on why I couldn't cover the rest of my shift today and possible not even return until the end of the week. I'm mad that he went ahead and made the call and I don't agree with it BUT was he within his rights as my Supervisor to request such "restrictions"? I will be honest in that I am mad that he did not believe my story and found out the truth on the real "restrictions" but that's neither here or there...was he within his rights to make that call? Thank you in advance! "I'm calling President Bush for the War Plans!" I can call but he doesn't have to fax them to me....right?!!! This was my Supervisors respone to me on the issue....

Yes, he was. And he was evidently justified in his failure to believe you from what you say.

Of course your supervisor was justified in calling your doctor. The minute you say, "My doctor says this", you open the door for the supervisor to call and confirm.

Otherwise, people would simply make up illnesses to get out of work.

Of course your supervisor was justified in calling your doctor. The minute you say, "My doctor says this", you open the door for the supervisor to call and confirm.

Otherwise, people would simply make up illnesses to get out of work.
However, no doctor can release pt. medical information without a patient's consent. That is a violation on the part of your doctor.

Medical restrictions are not the same thing as medical information.

True, its kind of like a prescription, some people need to know and will be informed.

Are you out because of a work injury? If so, not only is your employer allowed to have this information, they are entitled to it by law whether you consent or not.

If you already supplied the note with the restrictions, what is the problem? Your employer is permitted to verify its authenticity. Whether you feel they should just take your word for it or not, the law does not require it.

Only if they are paying, and it is for the injury or illness in question. They can not go to any doctor you have ever seen and ask for information that does not pertain to the illness/injury in question without a release.

But that's not what happened, according to what the poster has said. Let's not split hairs that have nothing to do with the issue at hand.

I just don't want somebody to come along six months from now after we have all left this topic for dead and believe that they as an employer have any rights of that nature; nor as an employee, that the law grants their employer blanket authority over their health care records.

I'm mad that he went ahead and made the call and I don't agree with it BUT was he within his rights as my Supervisor to request such "restrictions"? I will be honest in that I am mad that he did not believe my story and found out the truth on the real "restrictions" but that's neither here or there... Err, that's EXACTLY here or there. Your employer didn't believe you and contacted your doctor to verify what you told your employer about your restrictions. (a) Your employer had every legal right to do that, and (b) you were caught out in your lie.

And you're mad that your employer didn't believe you? Sheesh. :rolleyes: I've fired employees for falsifying information like that. If you're still employed, your employer is a lot more generous than I would have been.

I did one better for my employer, I to had restrictions due to health reasons and they wanted doctor notes every year, so I had our human resources office contact my Dr. and let him provide the info they wanted to Corporate Office. Now when a manager ask me to do something beyond my restriction I say No, they get mad and threaten to fire me so I tell them to call human resources if they have any problem. After which they come back and apologize to me. I get the last laugh as we the employees get to do our managers review once a year. Many of our managers then end up going to people skills class because of it.:D
My guess is they don't want to be involved in a lawsuit knowing they would lose. I got tired of spending the $$ for a Doctors appointment just to get a Doctor's Note. It does not have to be in my store file, as I have it in my Corporate file. So when a manager ask me to do things I can't do I just refer them to Cororate Office, amazing how nice that manager becomes after talking to them.

Medical restrictions are not the same thing as medical information.

The physician's ethical duty of confidentiality, however, probably does apply to medical restrictions. I believe this doctor should not have faxed the information without consent.

You're entitled to your opinion, as I am entitled to disagree.

When I have gone to the doc previously for work related issues they have always had me sign a release. With that document in hand they have every legal right to release the information specified in the document. If the OP was foolish enough to sign a general release then he has no right to complain. I can't stress this enough people, THOROUGHLY READ EVERY DOCUMENT YOU SIGN. You have no recourse after the fact. Nobody can force you to sign anything and you always have the right to refuse to sign until they can explain anything you do not understand.

Actually, records the pertain to a WC claim are exempt from HIPAA privacy protection. Whether you sign anything or not, the employer/insurer have a right to these records. 164.512

The office may have a general policy that requires patients to sign a release before releasing records, but even in the absence of such a release, the doctor has no choice but to comply.

Actually, records the pertain to a WC claim are exempt from HIPAA privacy protection. Whether you sign anything or not, the employer/insurer have a right to these records. 164.512

The office may have a general policy that requires patients to sign a release before releasing records, but even in the absence of such a release, the doctor has no choice but to comply.
I wondered if that wasn't an office specific thing, I have never had to sign one anywhere else. Personally I want my employer to know what their doc says. Usually they are ethical people who look out for the well being of their patients. From time to time you get one who exists to tell you to quit being a pansy.