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    Contacting your physician.

    Posted by: What?
    Date: 2/5/2007 8:49:15 AM

    When you're off sick with a written and signed Doctor's excuse, is it legal and or ethical for your employer to contact your physician and ask specific questions like; Why was the excuse made out for so many days? What kind of illness does he/she have? etc. Well, that's what my boss did. My physicians's office told her under no circumstances were they legally allowed to answer such questions. When confronted, whe said she did it because she couldn't read the Dr's signature. She even told someone I probably "forged" the excuse. Do I have any legal standing?

    Reply from: What?
    Date: 2/16/2007 8:25:00 AM
    Reply: Basically, your boss can do ANYTHING he/she wants. This includes calling your physician to try to find out sensitive information. Regardless, of what he/she may do IF they ever got it. Here's the kicker. The burden is on the physician's office. HIPPAA laws require total privacy of patient records. The legal burdens are placed on them. It's them who would have to deal with the legality of leaking sensitive information to whoever asks ANYTHING. No, it doesn't seem fair. Now, hypothetically, IF they had leaked ANYTHING to my ignorant, inquiring boss, and she chose to use this illegally gained information against me, I could probably name both parties in a suit since that would show "intent" on my bosses part. The physician's office would probably pay fines and fees for violating the HIPPAA regulations.

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