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lilbitobet
09-28-2007, 07:18 PM
my mother was supposed to go to a "mandatory harrassment meeting" at work. however, at the time she had already felt as if she were being harrassed and expressed this to her psychologist. her doctor felt it would be in her best interest to not go to the meeting and he wrote her a note excusing her from this meeting. the hr dept has asked her to confirm the validity of the dr's credentials and a description of medical condition. she has not yet complied and has now rcvd and memo stating that "as her employer they are well within their rights to to demand the medical facts of her condition" .....do they? thank you

cbg
09-29-2007, 12:43 AM
Yes, they are. Outside of FMLA a doctor's note has no force in law; they are not obligated to excuse her from a mandatory meeting just because a doctor says so. If they want confirmation of her condition (and/or the doctor's credentials) before deciding whether or not to do so, they are within their rights.

lilbitobet
09-29-2007, 04:20 PM
does an employer also have the right ask ask specifics if an employee is calling out sick from a regular work day?

moburkes
09-29-2007, 06:15 PM
does an employer also have the right ask ask specifics if an employee is calling out sick from a regular work day?

Yes, HIPAA does not address this. But, mom doesn't have to go into detail. Apparently, mom has been suffering from some type of condition. She needs to see if she is eligible for FMLA, and if she qualifies for intermittent leave.

cbg
09-30-2007, 08:00 AM
HIPAA (the primary law affecting medical privacy) is nowhere near as broad as most people think it is. Most employers are not subject to HIPAA at all, and for employers who are, it does not apply to any information that was NOT obtained through through the health insurance plan (additional protections apply IF the employer is themselves a doctor, a hospital, a health insurance carrier, or other related entity).

Additionally, HIPAA does not limit anyone's ability to ASK for information. It only affects what information a third party can ANSWER.

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