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HIPAA Laws: Does an employee have to disclose who their physician is to their employer?


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Posted

I as an employee left work 2 hours early to attend a dental appointment that was pre-approved by my HR prior to my appointment. I did not take a lunch that afternoon and the follow day to make up the lost time. I then later was asked to provide proof of my appointment. HR requested a note from my dental provider on their letterhead to include the dentists contact information (name, phone, address, etc.) stating when my appointment was and that I attended.

I honestly did attend my appointment and I would have no problem furnishing documentation stating that I attended. But the way our new HR is handling the situation is making me feel as though they think I am a liar and that I did not attend my appointment.

As an employee, what are my rights under the HIPAA laws? Do I have to disclose my dentists contact information? Can I give a generic note to my employer? I have an appointment card that states when my appointment was, but it does not provide any information about the dental office, do you think this will suffice?

I sifted through some of the HIPAA laws and could not find this exact subject. I would appreciate your comments.

Thank You!

Posted

HIPAA only applies to the health care plan and its functions. HR functions such as absences, short term disability and proof you had an appointment are not covered by HIPAA.

Posted

As indicated by Mary, HIPAA does not apply here.

Your employer may require the information and you may choose to provide it (and get the paid sick time or other applicable benefit) or to not provide it (and have it treated as unpaid time off).

Also, please don't take it personally. HR departments have policies that they must apply equally to all employees. They may have recently revised their policies to require documentation in all cases (usually in response to a few bad apples) and to enforce the rules for anyone they must enforce them for everyone (or else risk discrimination claims).

Posted

Colt3

Why HIPAA?

Asking your question in this manner limits the responses that you will get. If it was possible that a State law (whether Civil Rights, Privacy or Labor etc), ADA, EEOC or some other law might be applicable, you probably would not get an answer because you prejudged and pre supposed that only HIPAA is or might be applicable.

George D. Burns

Cost Reduction Strategies

Burns and Associates, Inc

www.costreductionstrategies.com(under construction)

www.employeebenefitsstrategies.com(under construction)

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