HR Experts: Are employrs allowed access to an employee's health Ins info?

[politicat]

Situation: Employee works for a company that is self-underwriting through a third party that does the benefits administration. Can the company get access to the employee's health care usage records or health care information?

Does HIPAA protect the employee from the employer getting access to the health insurance information and using it as a decision making tool regarding continued employment, i.e. firing those who consume health care resources at a greater rate (i.e. a diabetic) than those who do not?

Are there any employee protections in this arena?

[MountainLaurel]

1. I think they can

If the company is paying for the insurance, the HR person is probably getting reports of every claim made. That was the way it was with my former employer -- waiting for the HR manager to show up for my exit interview, I notice ours sitting on her desk, detailing who made the claim (including spouses of employees), the physician, practice name, or dentist, amount, and for what services.

[whistle]

2. Absolutely not! But management can and does......

...along with the insurance company vendors who bid for the business.

[MadAsHellNewYorker]

3. HELL NO

at my firm, which is self-underwriting through a third party, we cannot even ask anything unless we call the anonymous hotline. If we ask the HR reps in person, we have to "jokingly" speak as if we are asking advice for a friend.

It is illegal for them to fire you for anything on your health records cause they are not allowed to access them is how I understand it.

[unblock]

4. you are entitled to complete privacy

but management is entitled to know about the pool.
so, they can know that their health insurance pool includes a diabetic but they are not entitled to know which employee it is.

they also cannot hire or fire based on a disability for which they can provide reasonable accomodation (americans with disabilities act).

i think cobra laws also provide some hire/fire protections.

[louis c]

5. Most Illnesses

are covered under the Americans for Disabilities Act.

Under this federal law, management must make "reasonable accommodations" in the work place to accommodate a disabled employee.

Diabetes is considered one of the many disabilities under this act.

As far as health care information access is concerned, the employer has no right, unless permission is given by the employee.

Be careful. I had a case in which a doctor's note was required for a "Family and Medical Leave". When it was given to the employer it read at the end "If you have any questions, please contact me".

The doctor then gave some wrong answers over the phone to an asshole manager and refused to correct them. The employee was forced to return work.

I now inform all my members to make sure the letter, if it is required by law or the contract, does not allow the employer access to the doctor without going through the employee and me (if the employee desires) and all requests are given in writing, and all doctor's answers are also given in writing.

I never recommend that an employee allow the employer to even talk to an employee's doctor unless it is required by law.

No more letters from my members end with a doctor saying "If you have any questions, please contact me".

Don't give them a F**King inch.

louis c

Business Manager IBEW Local 123

[louis c]

6. *

[politicat]

9. Louis, is IBEW interested in representing computer professionals?

It'll be relatively easy.... *VERY evil grin* The group is coming to look for union representation; the company is very, very vulnerable and on thin ice.

I do not work for this company, let's just say I'm close to insiders.

[louis c]

13. Contact an IBEW

district Rep. in your area.

I actually represent computer operators.

The oldest computers ever made, mutuel clerks.

The IBEW web site can be "Googled" to give you the names and contact numbers of Reps.

One will put you in touch with an organizer.

If you have any problems or questions, contact me through the DU E-Mail.

[liberalhistorian]

7. I'm on anti-depressants,

have been for a long time and probably will be for a long time to come; I have a family history of depression and bipolar disorder. The medicine has been an absolute godsend, I couldn't believe the difference when I first began taking it. My psychiatrist once told me that my then-employer's HR manager was calling him, wanting to know what, specifically, the anti-depressant was for (the one I'm on is also used to treat anxiety and other similar conditions). He refused to even acknowledge that I was his patient, let alone what he was treating me for; he advised me that that was in accordance with professional medical ethics. He also said that even if it wasn't, he still would have refused to tell them anything at all, and he said most doctors follow the same procedure. That was a real relief, because I knew I'd have no recourse if they fired me due to my illness since I was an at-will employee. It infuriated me, though, that they were able to see my medical information, which was none of their goddamn business.

A friend being treated for anxiety told me that her employer also called her doctor, wanting to know what her medicine was for and if she was suffering from depression or anxiety. Needless to say, that made her even more anxious and her panic attacks increased even with higher dosages of the medicine. She was a single parent and simply could not lose her job. Talk about heartless, here someone's suffering from anxiety and panic attacks, they finally get up the nerve to get treatment for it (she didn't want to say anything to anyone about it at first), and now their goddamn employer is snooping in her private medical business, making her even more anxious and prone to panic attacks. What bullshit, no wonder so many people are still so afraid to seek treatment for mental illnesses, especially if they desperately need a job.

[REACTIVATED IN CT]

8. Absolutely not, they cannot have access to employee

health claims info

This is one of the areas governed by HIPAA. Have you tried the DOL's website to get more info on HIPAA? Or try googling HIPAA to find a plain English site on it

We're fully insured and we find out that there are large claims - we get the dollar amount but no names or details

COBRA does not offer any protection in this area. COBRA affords a terminated employee access to the group health care for a period of time

[politicat]

10. Thanks... that's one to ponder.

I'm slogging through the HIPAA stuff now. (Could they obfuscate more?)

Followup: the company is bringing in consultants and requiring employees to attend classes that basically say : "You're costing your company a lot of money, especially you fatties, you smokers, you extreme sports people, you women, you parents with children, and everyone else." The subtext being "we know who you are, and you better watch yourselves." Is there any employee recourse, or, since they're requiring everyone to sit through this harangue (the consultant was highly insulting to several groups), is it not considered harassment?

[REACTIVATED IN CT]

11. Try this one

http://www.hhs.gov/ocr/hipaa/consumer_summary.pdf

There are a lot of aspects to HIPAA. This pdf is about privacy of medical records and is written for the general public

Lots of employers are trying to cut their health insurance premiums by trying to get people to take better care of themselves. If done well, such a program would reward employees for having regular physicals or health assessments then taking action to improve their health. They don't know which of the employees are costing them $$$ - they just know they have certain types of claims. The employer usually contracts out the wellness program to a provider to maintain privacy.

[politicat]

12. Thanks!

Gotta love a wellness program that says " cut your stress or we'll fire you" you know?