Do I have a right to a copy of my employee health file?

Nurses HIPAA Nursing Q/A

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Clovery

549 Posts

Thanks for all the replies. The OSHA link was especially helpful.

I just got an email from HR saying they will contact the employee health company and approve release of my file, so my problem is solved. Still, having to go through HR to approve release of my medical file was kind of disturbing. The fact that they have to give permission implies that they can deny access. However, it's entirely possible I signed a document waiving my rights away. I signed about 20 papers that day.

For a new position I was offered, I have to go through the process with the same employee health company (but for a different facility - hopefully mostly everything transfers and I don't have to spend another afternoon there). I will pay closer attention to the forms I am signing, not that I have a choice if I want the job. But maybe there is a document that gives HR permission to do this. I will post an update if I find an answer.

caliotter3

38,333 Posts

When I asked for a copy of my file in conjunction with the hiring process, I was denied, because they said the record was the property of the employer. At the time, I was not interested in making any waves that might affect my employment, so I did not even ask the employer.

Clovery

549 Posts

Today I went to sign papers with HR at my new job. The HR rep thoroughly explained each form to me before I signed. There was a form that I had to sign/acknowledge that HR explained meant that because they pay for the physical and associated pre-employment medical tests they have ownership of it and will not transfer the records to another employer on my behalf. She said that they could release a copy to me. I asked if they were able to deny me access to my records and she said no. So that's that.

In other news I still have to get another 2 step PPD because they require the 2 step be current within 30 days. So even though I got it done in April of this year, they're not going to accept it.

NicuGal, MSN, RN

2,743 Posts

Specializes in NICU, PICU, PACU.

All of our stuff goes into MyChart where I work and we can just print it. If it is your info I don't think they can withhold it....like someone else said OSHA can fine them.

laKrugRN

479 Posts

Specializes in Cardiac, ER, Pediatrics, Corrections.

I asked my facility today and they said they'd be happy to make me copies of my health information.

rnforforty

74 Posts

Specializes in Infection Control, Med/Surg, LTC.

Having done EH for 18 years, you only need to sign a release form to acquire it.

delphine22

306 Posts

Specializes in Quality, Cardiac Stepdown, MICU.

I started a new job recently and had all my titers done, etc. I requested a copy of the results from occ health right away. I needed them anyway to avoid duplicate testing from an agency I was also working for, but it's nice to have the most recent ones on hand, just in case, and it's obviously easier when you're still working there.

Clovery

549 Posts

Ugh, I'm running into this problem again!

I got a 2 step PPD for a per diem position last month. Today I called HR to get a copy and they said "I'm not sure we will release that information. We purchased it, so technically we own it. I'll have to get back to you." I'm fairly certain this was the same HR person who I signed papers with and I specifically asked "will I have access to my records?" and she told me yes.

I still haven't gotten a start date for this position, as I'm waiting for HR to ever so slowly do their thing. I don't want to give them a hard time, so I just said okay and that I would expect their call tomorrow. I had to bite my tongue from citing the OSHA regulation.

I am picking up another per diem position elsewhere and have to do yet another physical. Hopefully they will copy it for me by Friday, otherwise I will be getting my 5th and 6th ppd in the last 4 months!

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