It is a misconception that the Privacy Rule creates a right for any individual to refuse to disclose any health information (such as chronic conditions or immunization records) if requested by an employer or business. HIPAA Privacy Rule requirements merely place restrictions on disclosure by covered entities and their business associates without the consent of the individual whose records are being requested; they do not place any restrictions upon requesting health information directly from the subject of that information.
IANAL but as I understand it, in the USA an employer can require you to get a medical declaration that you are fit for the requirements of the job if they see evidence that suggests that you might not be. You are then required to get that declaration from your doctor and give it to your employer. HIPAA doesn’t apply but it could go before a judge to decide if you refuse to provide it.
Yeah every healthcare job I’ve had has required a physical where the most intensive item is one squat + stand back up but also includes:
basic push/pull against light force applied by the examiner
a hearing and vision test that includes a check for color vision
of course drug testing and fingerprinting.
I also have to provide my shot records and provide any waivers for a specific allergy to something like eggs (in which case I still have to get the flu shot I just have to get a different one that’s slightly more expensive for the company to purchase).
Then they’ll give me boosters for everything I don’t have a recent enough record of and either place a PPD with a reading appointment or (hopefully) just draw a quantiferon gold.
Oh and I have to be fit tested for a respirator (which I better not ever run into in psychiatry buuut).
So yeah I have to be more physically fit to wash granny’s butt and babysit depressed people than the president needs to be to lead a country.
It won’t go before a judge or anything. You’re not “Required” to provide it. It’s just that if you don’t, you’ll likely be fired. But you don’t have to worry about being arrested at all.
If you believe you are entitled to both keep your job and not share the requested medical information with your employer, then your only recourse is to sue your employer to bar them from firing you, and take it before a judge.
your not being arrested for not giving your PHI. You’re not required to do so.
I don’t really understand what kind of distinction you are trying to draw. If the question is, can an employer require you to provide medical information as a condition of employment, in so far as it pertains to fitness to do the job, the answer is yes. You do not have a right to ignore this requirement of your employer. If you did they couldn’t fire you for non-compliance.
Your employer can require you to start at a certain time, wear a specific uniform, or even to refrain from speaking about certain topics while on duty. You would not get arrested for violating any of these but that doesn’t mean they aren’t required of you as an employee right?
I guess I have a different idea of what require means.
In this you’re making a choice between getting a letter from your doctor, or finding another job. Neither looks like a requirement to me. Making the choice is a requirement. But options in that choice are, options.
I guess I have a different idea of what require means.
That’s entirely possible. From what you wrote I think your definition of required is along the line of “that for which there is no possibility or option to avoid.” Is that accurate?
It is a misconception that the Privacy Rule creates a right for any individual to refuse to disclose any health information (such as chronic conditions or immunization records) if requested by an employer or business. HIPAA Privacy Rule requirements merely place restrictions on disclosure by covered entities and their business associates without the consent of the individual whose records are being requested; they do not place any restrictions upon requesting health information directly from the subject of that information.
Source: Wikipedia
That doesn’t answer the question. That says the person can be asked about their health but no one is required to comply.
IANAL but as I understand it, in the USA an employer can require you to get a medical declaration that you are fit for the requirements of the job if they see evidence that suggests that you might not be. You are then required to get that declaration from your doctor and give it to your employer. HIPAA doesn’t apply but it could go before a judge to decide if you refuse to provide it.
Yeah every healthcare job I’ve had has required a physical where the most intensive item is one squat + stand back up but also includes:
So yeah I have to be more physically fit to wash granny’s butt and babysit depressed people than the president needs to be to lead a country.
It won’t go before a judge or anything. You’re not “Required” to provide it. It’s just that if you don’t, you’ll likely be fired. But you don’t have to worry about being arrested at all.
If you believe you are entitled to both keep your job and not share the requested medical information with your employer, then your only recourse is to sue your employer to bar them from firing you, and take it before a judge.
And that suit likely won’t go to court eithor.
But that doesn’t matter, your not being arrested for not giving your PHI. You’re not required to do so.
I don’t really understand what kind of distinction you are trying to draw. If the question is, can an employer require you to provide medical information as a condition of employment, in so far as it pertains to fitness to do the job, the answer is yes. You do not have a right to ignore this requirement of your employer. If you did they couldn’t fire you for non-compliance.
Your employer can require you to start at a certain time, wear a specific uniform, or even to refrain from speaking about certain topics while on duty. You would not get arrested for violating any of these but that doesn’t mean they aren’t required of you as an employee right?
I guess I have a different idea of what require means.
In this you’re making a choice between getting a letter from your doctor, or finding another job. Neither looks like a requirement to me. Making the choice is a requirement. But options in that choice are, options.
That’s entirely possible. From what you wrote I think your definition of required is along the line of “that for which there is no possibility or option to avoid.” Is that accurate?