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Old 06-29-2004, 05:06 PM   #1
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Can your employer find out your health records?

Somebody told me today that your employer can find out your health records from your health insurance company. They also said if you ever go to the psychologist or psychiatrist and it goes down on your health insurance, that follows you for the rest of your life and can be reported to your employers, which could (potentially) get you fired or removed from consideration for hiring. Is this true?

 
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Old 06-29-2004, 05:37 PM   #2
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Re: Can your employer find out your health records?

Employers do have the right to look at your medical records for anything you have done while on their insurance, they can not however look at medical records that were not paid for by their insurance companies.
It is against the law for an employer to ever release that information to anyone period. Furthermore, it is against the law for a company to fire you or to not hire you because you have health problems, regardless of the type, including mental illness (ie depression).

Some laws vary from state to state and it's best if you looked up information for your state in specific.

 
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Old 06-29-2004, 06:25 PM   #3
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Re: Can your employer find out your health records?

"Employers do have the right to look at your medical records for anything you have done while on their insurance, they can not however look at medical records that were not paid for by their insurance companies."

What if you had insurance with a particularly company, and then you switched jobs and at the new job your insurance was with that same company? Could the new employer look at medical procedures you had done while you were employed at the old employer since both employers used the same insurance co.?

 
Old 06-30-2004, 06:33 AM   #4
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Re: Can your employer find out your health records?

That I am not sure of but I would think no. Employers rarely look at records unless it's a small company that handles their own insurance processing.

The biggiest thing for you it seems is that you may be worried about either loosing or not getting a job due to an illness. Honestly I wouldn't be so worried.

Lets say hypothetically you got a new job but previously you were being treated for depression and your current company found out about it (or even if it is at a job you had a long time) they can not by law fire you. It is illegal and discrimination.
If you are doing your job without problems they can't do anything. However, some companies are just rotten and they will fire at will and do not have to give you a valid reason or make one up and you can't prove they fired you for a health reason. And if thats the type of company you work for then you are better of with a new job.

On the other hand, if someone has a criminal record and fails to disclose that information then it is legal to fire them, particularly if its a job in retail and that person has charges for theft.

Definately do some research, try google, to see what your state laws are. My husband went through a similiar thing where he has depression and didnt want the company to find out so he paid cash for his visits before we got married. It took me a while to convince him that it was better to let them be aware of it because when he needed time off he was able to get FMLA and short term disability. I went through a similiar thing were I didn't tell the company I worked for that I was in fact handicapped, it didn't prevent me from doing my job, I just didn't think they needed to know until I had to be placed in a wheelchair.

 
Old 06-30-2004, 05:37 PM   #5
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Re: Can your employer find out your health records?

wow, i don't think so. i know in my state your medical records are no ones business except for you and your dr and anyone you say can have access, like your husband/wife etc.
karen

 
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