employer, insurance, medical files, privacy - Hepatitis Message Board

k-i-t-t-y · 04-10-2004, 02:34 AM

If an employer pays for the employees insurance coverage and is considered "the insurer", does the employer have a right to access the employees medical records?

Is it possible that the employer did at one time have access to these records, like maybe before the law became stricter?

Thanks for any help

thanbey · 04-10-2004, 09:59 AM

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 outlines the limits on sharing medical information and the purposes for which it may be shared. You must consent to what information is shared and you have a right to make notes on any forms you are asked to sign to furrther limit the information shared.

Could an employer have accessed the information prior to the implimentation of the law? Of course. That is why the law exists.

If you can prove that the information is being used inapropropriately (for any other reason than assessing payment on a claim) you may have a tort claim in court. Keep good records and a journal of any meetings or conversations on this topic that you believe are relevant.

I hope this helps.

thanbey

k-i-t-t-y · 04-10-2004, 11:18 PM

Thank you so much. That is just what I wanted to know.