PDA

View Full Version : IL HIPPA question


americaninjured
03-28-2006, 07:42 AM
My employer in IL requests a return to work form that requests an "abundance" of information, this is required if you or out a day or two. Or if you use personal time of an hour or two to go to the doctor. Is this legal?

This is not FMLA paperwork.

This form requests detailed information about what is your condition, therapy prescribed for condition, medications prescribed, (even if they do not effect your ability to perform duties). When you were first seen for this condition, if you will be seen again, etc. The note can not just state that you were at the doctor.

If you do not turn in this form, you can lose pay or be fired if you have to be out for a few days. We are being forced to give information that is private.

Company said they checked with their lawyer and this is perfectly legal. We are forced to give up our rights to privacy on our healthcare information or be penalized.

Also, we are required to call in and give detailed information as to why we are out sick. Seems like overkill and way to much information floating around about my healthcare issues.

cbg
03-28-2006, 08:08 AM
HIPAA is a Federal law, not an IL one. HIPAA does not apply in the situation you describe. As far as employment goes, HIPAA protections apply only to information that the employer obtains through your group health insurance plan, and not always then.

While the information you describe sounds as if it might be at the outside limit of what is advisable, it's hard to say if it actually crosses the line since different information is required for different situations. Most if not all of what you describe would be necessary, for example, in determining if FMLA applied, or in some conditions for ADA issues. On the other hand, if this were because of an attendance issue, it would be considered excessive.

* Find more information on Equal Employment Opportunity-Discrimination.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements