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Brilliant
Can employers view your medical history?
Can they see what prescriptions, etc. that you've taken? Who can legally view your medical history? Where is the line drawn?



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practicalwizard
Rating
Nobody can just spontaneously view your medical history. Even doctors who are treating you require you to sign a waiver, granting them access, to any medical records from other doctors. An employer might have you sign a waiver when they hire you, though. Are you sure you haven't signed one?

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Curious
No! They have a law called the HIPAA Law. Unless you are going to the military or becoming a police officer, or any other institution under federal state laws. Remember, though, that HIPAA also has provisions for law enforcement and court authorities to gain access to your self-disclosed company medical documentation when sapeonaed.

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kev
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Not without a waiver, unless it's military.

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Leo
Biomed guy,

http://www.hhs.gov/ocr/privacy/index.html

http://www.hipaa.org/

HIPAA (the Health Insurance Portability and Accountability Act of 1996) is the primary Federal Law that governs who and under what conditions people at your place of employment may review your medical history and records. The links above will provide exact details of the law, but generally speaking:

1) Only employees where you work who have a periodic, legitimate business need to access medical records may actually do so and have means to gain access (this excludes your supervisor and manager). For example, certain Human Resources personnel, due to their job descriptions and scope of decision making authority may have access.

2) But even those employees who, by virture of their positions in the Human Reources or Medical/Safety Departments, may have access to your records, they cannot do so casually. It has to be for a legitimate business reason brought about by particular circumstances, like you injuring yourself on the job or them needing to verifying a claim that you cannot perform a critical job function under the ADA due to a preexisting condition, like suffering from uncontrolled siezures since childhood.

3) Your employer may only, when essential, look at your self-disclosed medical history, doctor's notes, etc. that YOU have provided to the company when you were hired or at other times. In other words, they may never under any circumstances contact your primary physician and ask for a copy of your complete medical records and/or ask for specific details regarding recent treatments, perscriptions, or sample sample medications that you may have received.

4) Remember, though, that HIPAA also has provisions for law enforcement and court authorities to gain access to your self-disclosed company medical documentation when sapeonaed.

I hope this helps.

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