Can Employer demand production of medical records?

caliotter3 · Jan 23, 2008

Somehow she has said too much to this employer. I don't think this is legal but I doubt that she has the means or the mental stamina to fight it. She should simply refuse, and find another job. She can have an attorney intervene in her behalf for a small fee to protect her good name once she leaves, but she should seek another employer immediately. This job is not worth a lawsuit over.

MAISY, RN-ER, BSN, RN · Jan 23, 2008

www.privacyrights.org An employer cannot ask an employee for medical records...they can request a medical exam.

Hope that helps

Maisy;)

Agnus · Jan 23, 2008

Attorneys are expensive. File a report with the labor board. Go to state employemnt office and find out how to file a complaint under fair employment pactices. Maybe the state attorney general office is where you need to file this. I do not know but ask some of these agencies where to file a complaint and then do it.

Batman24 · Jan 23, 2008

My first thought was that perhaps there was a discrepancy in regards to her immunizations many of which are done as children. My doctor doesn't have my records anymore so I already know for nursing school I will need to have them again. I can't imagine why else they would be asking for her pediatrician records not should they be. They wouldn't be entitled to her entire file. They should know that.

She should refuse. They could demand she take a medical exam to keep her job. I would ask her what provoked all of this. Either ay she should say no. It's not their business and I would never share my medical records with them.

I would also follow Agnus's advice and report it to the proper agencies. They will be very interested to hear about this and my guess is put a stop to it at once. Even if she decides to leave this job she should still follow up as it will protect those to come.

lindarn · Jan 23, 2008

My first thought was that perhaps there was a discrepancy in regards to her immunizations many of which are done as children. My doctor doesn't have my records anymore so I already know for nursing school I will need to have them again. I can't imagine why else they would be asking for her pediatrician records not should they be. They wouldn't be entitled to her entire file. They should know that.
She should refuse. They could demand she take a medical exam to keep her job. I would ask her what provoked all of this. Either ay she should say no. It's not their business and I would never share my medical records with them.
I would also follow Agnus's advice and report it to the proper agencies. They will be very interested to hear about this and my guess is put a stop to it at once. Even if she decides to leave this job she should still follow up as it will protect those to come.

Blood titers can be done to see if you are immune to certain diseases. It is probably difficult, if not impossible on many cases to get copies of immunization records from Pediatrician's offices. It is better just to have titers drawn.

Lindarn, RN, BSN, CCRN

Spokane, Washington

I love my cat! · Jan 23, 2008

If the Hospital only want the records for proof of immunizations, she can specifically request that the records that are released only state immunization documentation. Nothing else. She does not have to release all of her records if her employer only wants one thing (and she does not even have to release that one thing if she doesn't want to).

She needs to ask her employer what they specifically they need the records for.

I feel the employer needs to be careful here. If they get her records and then fire her for some reason (even if they say it is non-medically related), she could go after the employer for unlawful termination because what a coincidence that they receive her medical records (that may reveal something) and then she is fired. Even in at at-will state, there are laws that protect people against discrimination r/t disabilities, etc.....

CraigB-RN, MSN, RN · Jan 23, 2008

Being the profsional cynic that I am. I'm assuming there is some piece of information that we're not getting. My first thought was there was some sort of fraud or question of fraud in an employment aplication.

Whenever I hear something like this, i try to be an ear to listen, non judgmental, but always take everything with a grain of salt.

RN1989 · Jan 23, 2008

Something is fishy here. Somewhere there is a big piece of the puzzle missing. Wondering if there are mental health and/or RX issues that are at play. Like being accused of something and that person is using mental illness as a defense. Problem with diversion of narcs and needing proof of hx of RX for narcs (ritalin) maybe. Who knows. But that is really more of a BON issue than an employer issue. If this were a problem regarding hospital insurance, the insurance company should be requesting the records not the employer.

Each state has laws regarding how long medical records are kept if they have been inactive. For many states that time is 7 years. After 7 years of inactivity by the patient the records can legally be destroyed. Chances of this person getting the records are slim and none even if it were the employer's business.

wonderbee, BSN, RN · Jan 24, 2008

The poor kid has narcolepsy and it's been flaring up. She's a HHA and has been having sleep attacks at terribly inopportune times. Now a sleep attack isn't what you think it is. She may simply be "out of it", using automatic behaviors or her muscles may lose coordination. Unfortunately, not much is known about narcolepsy. True narcolepsy is rare. Unfortunately, it has been made the subject of bad jokes and worse movies. It's actually pretty devestating to her and her family. In the beginning, she did not disclose the illness but later, as she developed trust with her co-workers, she did. Its only recently that it's been affecting her work. This is what prompted the request. Her manager wanted to speak to the neuro who diagnosed her. The employee agreed to seek treatment by day's end and the request was dropped. Apparently she was in denial about her condition and just tried to ignore it or blame her sleep attacks on just being tired.

Just wanted to fill you guys in. I understand why she didn't disclose it. I also undertand her employer's concern. But asking to speak with one's MD without limits is just out of bounds.

RN1989 · Jan 24, 2008

This is a big patient safety issue. People with narcolepsy are often RX'd stimulant narcotics which also raises iss of being "under the influence". So that could bite someone in the behind when narcs go missing or there is a mistake and the employer is sued due to an "impaired" employee - even though the employee needs the narc to stay awake.

I would consider her impaired due to the "phasing out" and asked her to remain home until she could provide me with a doctor's note that she is fully fit for duty. It is a shame that she is having these issue but this is unsafe for patients and certainly for my liability if I were the supervisor allowing her to work.

oldiegoldie · Jan 20, 2009

Help! I have accepted a travel nursing job and they asked me to sign a release of my medical records for "job related purposes." I don't want to sign this. This job is in Maryland. Feedback, please!