Help!Do I have to disclose my medical records?what about hippa? - page 2

Wish I would have read some of these threads earlier, would have known to keep my mouth shut! My problem is I was offered a position that I really want, took the drug screening taking the advice "If... Read More

  1. Visit  MikeJones} profile page
    0
    I feel that yes, you are worrying too much.

    Basically if you don't show them your records, it raises suspicion because they told you specifically to bring them. = no job for u.

    FYI medical records will be confidential, no coworker/manager will or should know this info unless they needed to know.

    If you do show them and go through with this test, the worst that can happen is you won't be physically fit for the job? (which I doubt). They can't simply judge you because of your disability therefore it seems this long process is to prove that
    1) you are still able to do the job. (by making you walk on a treadmill or lift weights or something? idk lol)
    2) they are not discriminating but due to disability laws, etc. they have to know for their own sake that you can do the job since you already have a legit Rx for whatever drug and it won't affect normal duties. That's it.

    Quite a dilemma but gl
    Last edit by MikeJones on Jan 20, '12
  2. Get the hottest topics every week!

    Subscribe to our free Nursing Insights newsletter.

  3. Visit  Esme12} profile page
    0
    Quote from nursecat64
    To clarify- My prescriptions were verified as legit. It's just that I had heard that "be honest and no problem" but that's not the case-they have already drug out the process by about 2 months. I think they are hoping I'll give up. (and I would, if I didn't want this position so much) They now see me as a liability rather than an asset. Even though I have a very good work history! Maybe I'm worrying too much-but it just doesn't seem right that a note from my own MD isn't good enough-I have to travel to the city, through the mountains, in the winter, for this test.it will be a good 8 hour drive round trip.another thing-seems wrong that a company can recommend further testing to their own benefit, since they will get fees for my visit.
    BTW-This is a great forum, glad I found it, You guys have been a great help, thanks!
    You're right they may....it's difficult when you have a disability and can still work, but you know they are sitting behind closed doors hoping you'll go away. From personal experience I know what you are feeling but also from experience never hide the truth....Good Luck!
  4. Visit  Over-the-hill-Nurse} profile page
    3
    It is not appropriate for employers to ask for specific medical findings. Employers can request a FIT for Work assessment as long as protocols and regulations such as the Human Rights Code are followed. (e.g., the assessment is not used to rule out employment due to a disability)
    Plan on spending 4-6 hours for the testing. A physician does the assessment and reviews medications, medical history, etc. He is not allowed to share this information with the employer. So taking your medical records to the testing should not be a issue. It is a violation of the HIPPA laws if your medical history is shared with the prospective employer.
    The testing is for Functional Interdisciplinary and Therapeutic (FIT) to see if you are able to perform the job. The testing can consist of several areas. It depends on the facility and the type of job that you are being tested for. My own experience with it consisted of computer tests, math testing, decisional testing, physical testing. It is similar to aptitude testing. They give some scenerio type questions and test you on your responses. If you have been working with the disability prior to applying for this job, you should have no problems with the testing. The only thing that they send back to the employer is whether you are Fit to work, not fit to work, and fit to work with modifications. In my own opinion, they have already violated your rights when they requested a medication list and drilled you on it. I wish you luck in the testing. I would do as another posted stated and secure a attorney to protect your rights. You may find yourself under scrutiny even after you get the job. In my own experience, the place where I worked, I was constantly being monitored and they just figured out another way to get rid of me. It was 3 months of pure torture after the testing. (which I passed..but it didn't make any difference anyway) I hope that everything works out for you.
    elprup, morte, and Hoozdo like this.
  5. Visit  morte} profile page
    2
    Quote from Over-the-hill-Nurse
    It is not appropriate for employers to ask for specific medical findings. Employers can request a FIT for Work assessment as long as protocols and regulations such as the Human Rights Code are followed. (e.g., the assessment is not used to rule out employment due to a disability)
    Plan on spending 4-6 hours for the testing. A physician does the assessment and reviews medications, medical history, etc. He is not allowed to share this information with the employer. So taking your medical records to the testing should not be a issue. It is a violation of the HIPPA laws if your medical history is shared with the prospective employer.
    The testing is for Functional Interdisciplinary and Therapeutic (FIT) to see if you are able to perform the job. The testing can consist of several areas. It depends on the facility and the type of job that you are being tested for. My own experience with it consisted of computer tests, math testing, decisional testing, physical testing. It is similar to aptitude testing. They give some scenerio type questions and test you on your responses. If you have been working with the disability prior to applying for this job, you should have no problems with the testing. The only thing that they send back to the employer is whether you are Fit to work, not fit to work, and fit to work with modifications. In my own opinion, they have already violated your rights when they requested a medication list and drilled you on it. I wish you luck in the testing. I would do as another posted stated and secure a attorney to protect your rights. You may find yourself under scrutiny even after you get the job. In my own experience, the place where I worked, I was constantly being monitored and they just figured out another way to get rid of me. It was 3 months of pure torture after the testing. (which I passed..but it didn't make any difference anyway) I hope that everything works out for you.
    This was MY point!
    Over-the-hill-Nurse and elprup like this.
  6. Visit  elprup} profile page
    1
    Sending you positive thoughts.
    nursecat64 likes this.
  7. Visit  Over-the-hill-Nurse} profile page
    0
    Morte-
    I agree with you. It should have NEVER come up in the first place. Sometimes it is easier to see when someone else has been through it. I hope that the OP looks further into her rights, and realize that while this job seems ideal, the place of business she applied too has already violated her rights as you originally pointed out.
  8. Visit  nursecat64} profile page
    1
    Quote from morte
    This was MY point!
    Thank you!!! This is what I have been trying to find out-what it is they actually do to test you. I think, sadly, that you are right. They will find a way to get rid of me even if I pass. Jobs are scarce, otherwise, I would have just said "no thanks" and skipped the whole process. I am certainly going to keep sending out resumes. Just the fact that I was tricked into giving my medical information, gives me a sense of foreboding about this place. I see the only reason they had me meet with a board (while the director sat in his big chair looking down at me,) was to intimidate me. And it worked! I have never had such an experience.
    I just wish I had not been so trusting, (that's my nature) very stupid of me, hope other readers with disabilities will learn from reading this.
    Over-the-hill-Nurse likes this.
  9. Visit  nursecat64} profile page
    0
    Quote from elprup
    Sending you positive thoughts.
    thanx
  10. Visit  nursecat64} profile page
    0
    I have a couple more questions (my test date was moved to wed due to winter storm)

    Do they let you know at the test sight how you did, or do you have to wait for the employer to notify you?

    How do you know if the testing is being ordered to rule out employment due to disability? Because I think that may be the case here. When I mentioned that withdrawing the offer didn't seem right. He said "we haven't withdrawn it yet.."

    thanksevery one here has been soooo helpful. (just wish I would have found AN earlier!)
  11. Visit  Over-the-hill-Nurse} profile page
    0
    You will be notified by the employer. Since it is a part of your record, you can request that a copy of the testing and results be sent to your family doctor. you will need to have a medical release paper for them to do that. I would follow up with your family doctor to see if they did recieve a copy of it. If not, give all the information i.e. date of test, dr name and address, etc.. and have them request a copy. (it took several attempts for me to get the report sent to my doctor. Not sure what the hold up was..) I wish you luck in going through everything. Hopefully things will go well for you once start work. Just remember that if they do let you go after offering you a job, follow up with what other posters have said and contact an attorney.
  12. Visit  fltnrse2} profile page
    0
    Isn't that age discrimination? If the doc works for them I think that is an another problem? And what about HIPPA? Keep us posted this is an interesting situation. Fltnrse
  13. Visit  fltnrse2} profile page
    0
    Isn't this age discrimination? FLTNRSE
  14. Visit  fltnrse2} profile page
    0
    Quote from Over-the-hill-Nurse
    You will be notified by the employer. Since it is a part of your record, you can request that a copy of the testing and results be sent to your family doctor. you will need to have a medical release paper for them to do that. I would follow up with your family doctor to see if they did recieve a copy of it. If not, give all the information i.e. date of test, dr name and address, etc.. and have them request a copy. (it took several attempts for me to get the report sent to my doctor. Not sure what the hold up was..) I wish you luck in going through everything. Hopefully things will go well for you once start work. Just remember that if they do let you go after offering you a job, follow up with what other posters have said and contact an attorney.
    I'm having a little problem with my email so this may be a dup. This smacks of age discrimination to me. I would also go to my personal physician not one provided by the instituation. Have you looke into HIPPA? Let me know what happens this is a very interesting subject if your comfortable do that. You can PM me. FLTNRSE


Nursing Jobs in every specialty and state. Visit today and Create Job Alerts, Manage Your Resume, and Apply for Jobs.

Top