If you’ve ever taken a sick day or needed medical leave, you might have wondered how far your employer can go to verify your condition. Specifically, can your employer call your doctor? Here we discuss what the law says, what’s allowed, and what isn’t.
The Law: HIPAA’s Role
Your medical privacy is protected by the Health Insurance Portability and Accountability Act (HIPAA). This law ensures that your health information remains confidential and is not shared without your consent. Your doctor or healthcare provider is legally bound by HIPAA and cannot disclose any of your medical details without your explicit, written authorization.
So, while your employer can attempt to call your doctor, your physician is not permitted to share any specific medical information unless you’ve signed a release.
What Your Employer Can Do
Employers are within their rights to verify the legitimacy of a medical note. This verification can include contacting your doctor’s office to confirm that you were indeed seen and that a note provided by you is authentic. However, this contact is limited strictly to confirmation. No additional information about your diagnosis or treatment can be provided without your consent. Your doctor’s office can say, “Yes, this note is real,” but not, “Here’s why they were out and what medications they’re taking.”
Internal Workplace Policies
Some employers may have policies that require employees to provide more comprehensive medical information, often through a signed release form. It’s important to note that agreeing to sign such a form is up to you, and you cannot be forced into doing so. Read any documents carefully and consider consulting with HR or legal counsel if you’re unsure of what you’re agreeing to share.
What About Workers’ Compensation Cases?
In workers’ compensation cases, employers or their insurance companies often have a bit more access to communicate with healthcare providers regarding an employee’s injury or illness than they would in other situations. However, this access is still regulated, and there are specific practices around consent and communication:
- Implied Consent: When an employee files a workers’ compensation claim, they often give implied consent for their medical information to be shared with relevant parties. This is because the claims process inherently involves medical evaluation and sharing of health details to establish the nature of the work-related injury or illness. However, this does not mean that employers can call a doctor directly without following proper procedures.
- Employer’s Direct Contact: Typically, employers do not call an employee’s doctor directly. Instead, the workers’ compensation insurance company manages communications related to the claim. These communications are structured and formalized, often requiring the submission of medical reports or specific forms completed by healthcare providers.
- Written Authorization: In many cases, employees are required to sign a release or authorization form that allows the insurance company or third-party administrator to obtain medical records relevant to the workers’ compensation claim. This ensures that only the necessary information related to the work injury is shared and protects the employee’s broader medical privacy.
- Communication Boundaries: Even in workers’ compensation cases, there are boundaries on what information can be accessed or discussed. The information shared must be relevant to the injury or illness related to the claim. Employers and insurers are not permitted to access unrelated medical records or discuss unrelated health issues without additional consent.
Bottom Line
The bottom line is that while employers can contact your doctor to verify documentation, any disclosure of personal medical information is off-limits without your consent. If your employer is trying to obtain your medical information without your consent, speak with an employment attorney. Your rights may be violated.
See Also:
Disclaimer: This article is intended for informational purposes only. It provides general information and is not intended and should not be construed as professional advice. The author is not your attorney, accountant, financial planner or any other professional and no professional-client relationship is created. We do not represent that the information provided is accurate or up-to-date as laws and regulations are always changing. If you have an issue that requires professional help, you should contact the appropriate professional to help you on your specific set of facts. Please read the Terms and Conditions for additional information.
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