HIPPA
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From:
http://work.chron.com/employer-right-ask-prescriptions-take-14956.htmlVoluntary Reporting
Although employers cannot ask what prescriptions an employee is taking outright, they may be able to ask an employee about prescription medications if those medications can inhibit the employee’s ability to work or put others in danger. For example, firefighters and police officers might be required to self-report any prescriptions taken if it affects their ability to work. Those in administrative positions, however, cannot be asked to disclose prescription medications.Drug Testing
Drug testing requirements vary greatly by state. Some states prohibit random drug testing, while other states allow it. During a drug test, an employee may be asked to report any medications taken. Although the employee does not legally have to answer, not reporting these medications may result in loss of employment, especially if the drug test is positive for job-inhibiting substances – prescribed or not.Privacy and HIPAA
Some states allow an employer to contact an employee’s physician if her drug test comes back positive for prescription medications. For public employees, this is not a violation of privacy, according to Fair Measures, Inc. For private employees, the rules are different. According to the Health Insurance Portability and Accountability Act, employers can request physician notes, but only to administer sick leave, health insurance or workers’ compensation. Employers cannot request health information about an employee from his physician without the employee’s authorization. HIPAA does not, however, protect your employment records – only your health plan and other medical-related records. -
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@scottalanmiller said in HIPPA:
I know that as an employer I had to get training on things that I could never ask for. That was certainly one of them.
One more question: are you pregnant, taking any prescriptions to help you get pregnant, or of any religions that have feelings about being pregnant?
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@scottalanmiller said in HIPPA:
I know that as an employer I had to get training on things that I could never ask for. That was certainly one of them.
One more question: are you pregnant, taking any prescriptions to help you get pregnant, or of any religions that have feelings about being pregnant?
And how would you describe this person who may or may not be getting your pregnant?
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@scottalanmiller said
And how would you describe this person who may or may not be getting your pregnant?
We should make a Top Ten list of the most improper questions to ask in an interview.
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Are you opposed to taking ruffies while at work?
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You should change your voicemail message to make it sound like a HIPAA law firm. Maybe that'll get the message across.
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You should change your voicemail message to make it sound like a HIPAA law firm. Maybe that'll get the message across.
Not likely.. this safety/medical clerk is pretty dense.
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@Jason said
Not likely.. this safety/medical clerk is pretty dense.
If it was just her calling you, and perhaps she wanted a date, I'd overlook it.
Anything else, yeah, not cool.
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Someone got it off the form - did they have HIPAA related reason to see/learn the number originally? If yes, I see a very lawyer intensive problem ahead of anyone/everyone.
One could argue that once he learned the information for him it's considered known info, so he can use any time thereafter. As for giving it to others - I could also see the argument the same as before - once he knows it.. and knows it away from HIPAA info, he can do whatever he wants with it.
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Where did you get that snippet from?
To my knowledge employers are not covered under the HIPAA rule. In the same way a manufacturer you give medical info to is not.
Not applicable here, because a different circumstance, but by definition employers are not covered under the rule to my knowledge.
Sure they are, they are just not necessarily Covered Entities with regards to HIPAA.
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@Jason said
So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.
They should never have any of your health information. They cannot get it without your consent, unless you give it to them.
Here's the whole page I took that snippet from. (It's short.)
http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html
Um most employers including mine requires current prescriptions on file, and if you take a drug test you have to list medications you are taking as well.
Wow - who the hell are you working for? Invasion of privacy anyone? So - do those same companies ask for your Facebook Logon, email logons, etc?
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@Dashrender said
Sure they are, they are just not necessarily Covered Entities with regards to HIPAA.
And hence not covered under the HIPAA rule.
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@Dashrender said in HIPPA:
@Jason said
So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.
They should never have any of your health information. They cannot get it without your consent, unless you give it to them.
Here's the whole page I took that snippet from. (It's short.)
http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html
Um most employers including mine requires current prescriptions on file, and if you take a drug test you have to list medications you are taking as well.
Wow - who the hell are you working for? Invasion of privacy anyone? So - do those same companies ask for your Facebook Logon, email logons, etc?
No, it's for Safety in case you are injuried they need to know what perscription meds you are on, also if they show in your drug test somehow and it's not listed your fired. Doesn't matter.
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@Dashrender said in HIPPA:
@Jason said
So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.
They should never have any of your health information. They cannot get it without your consent, unless you give it to them.
Here's the whole page I took that snippet from. (It's short.)
http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html
Um most employers including mine requires current prescriptions on file, and if you take a drug test you have to list medications you are taking as well.
Wow - who the hell are you working for? Invasion of privacy anyone? So - do those same companies ask for your Facebook Logon, email logons, etc?
No, it's for Safety in case you are injuried they need to know what perscription meds you are on, also if they show in your drug test somehow and it's not listed your fired. Doesn't matter.
This makes me sad for the country.
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@Dashrender said
Sure they are, they are just not necessarily Covered Entities with regards to HIPAA.
And hence not covered under the HIPAA rule.
I'll have to double check, but I'm pretty sure everyone is covered by HIPAA, but Covered Entities CE have even more restrictions. For example, Business Associates of CEs are definitely covered by HIPAA, made even more so with ARRA than they were under HIPAA direct.
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@scottalanmiller said in HIPPA:
@Dashrender said in HIPPA:
@Jason said
So your employer can share your SSN, what medications you are taking, disabilities etc with anyone? That doesn't seem correct.
They should never have any of your health information. They cannot get it without your consent, unless you give it to them.
Here's the whole page I took that snippet from. (It's short.)
http://www.hhs.gov/hipaa/for-individuals/employers-health-information-workplace/index.html
Um most employers including mine requires current prescriptions on file, and if you take a drug test you have to list medications you are taking as well.
Wow - who the hell are you working for? Invasion of privacy anyone? So - do those same companies ask for your Facebook Logon, email logons, etc?
No, it's for Safety in case you are injuried they need to know what perscription meds you are on, also if they show in your drug test somehow and it's not listed your fired. Doesn't matter.
This makes me sad for the country.
Agreed!
So who are those employers again so I know not to bother applying there?
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@Dashrender said
I'll have to double check, but I'm pretty sure everyone is covered by HIPAA, but Covered Entities CE have even more restrictions. For example, Business Associates of CEs are definitely covered by HIPAA, made even more so with ARRA than they were under HIPAA direct.
Yes, they changed the rule a bit to make Business Associates fall under the rule as well.
Here is a good write up of who is covered.
http://www.hhs.gov/hipaa/for-professionals/covered-entities/index.htmlBut anyone not on that short list is not. For example, if you give your health info to a company that is making a health care product, they are not covered. Now, in my experience those kinds of companies protect the data even MORE, because it is vital to their business, and not just a requirement of the government.
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OK thanks, the scope is much smaller than I realized.
