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

A few months ago I completed a pre-employment physical, PPD, titres, etc. for a nursing position. Everything was done with a separate company that handles employee health for several different businesses in the area, including the facility where I was employed.

I called the employee health company and asked for a copy of my records. They said they couldn't give it to me without permission from HR. I contacted HR but have not received a reply yet. I no longer work there so I don't know how willing they are to help me.

Aren't I entitled to copies of my own medical records under HIPAA? I don't understand why I would need permission from HR for a copy of my own file.

20 Answers

Specializes in Critical Care.

You are legally entitled access to employee records containing your medical information.

The relevant law is: OSHA - Access to Employee Exposure and Medical Records [Title 29 of the Code of Federal Regulations (CFR) Part 1910.1020].

From the law:

As an employee, what types of records can I access?

You may access any employee exposure records ...

You also may access any employee medical records concerning your health status that were created or maintained by a physician, nurse, health care professional, or technician. Employee medical records include the following:

  • Medical and employment questionnaires or histories.
  • Results of medical examinations and laboratory tests.
  • Medical opinions, diagnoses, progress notes, and recommendations.
  • First-aid records.
  • Descriptions of treatments and prescriptions.
  • Employee medical complaints.

https://www.osha.gov/sites/default/files/publications/osha3110.pdf

Specializes in Leadership, Psych, HomeCare, Amb. Care.

Since the outside agency did the work up at the request of the facility, and they paid for it, it could argued that since you are not their client they are under no obligation to honor your request.

That being said, I've never had a problem getting EH records released to me directly from the hospital.

Specializes in Complex pedi to LTC/SA & now a manager.

HIPAA does technically not apply unless insurance was billed

It's not uncommon for a third party OH center to require the payor (in this case HR of your former employer) to authorize release of records of tests/treatments that they paid for to be completed. That said I was in a similar situation and HR had no issue in having TB test results released to me.

You have the right to have copies of any electronic or other health records about yourself. They have the right to charge you for making copies if they want to, but they can't keep it from you. This is in part because you have the right to correct inaccuracies.

Spoke with some knowledgeable and he confirmed that you do have access but it does depends on who "owns" the records who you have to ask for them. "Ownership" is defined by the agreement between the occupational med clinic and your employer.

If the clinic "owns" the information they have to give it because of hippa. If the employer "owns" it ypu have a right to it because of OSHA. It is actually subject to a fine by osha if they refuse.

His experience was that in most cases the employer owns it because it is easier for them because there is an employer exception to hippa so compliance is easier. That is why they had you call the employer to get the records

Specializes in Critical Care.

Employers do own the physical copies of the test results which might be confusing them. The information contained in those results however is not something they have sole ownership of, you legally have access to that information even though you can't take their pieces of paper that have that information on them.

I work for a Occupational Health clinic and am face this problem often. Most of the time the employer does not mind, but I have one employer that refuses to let us give copies of the physical or other related test. We are also under contract NOT to provide any information by another company as well. I just got off the phone with OSHA's enforcement division and they stated that OHSA 3110 does not apply to pre-employment physicals and testing. OSHA 3110 applies only to medical records involved with an exposure.

I am not sure if there are any state statutes that require us to release them either. That is kind of why I am on here looking at your comments.

I've never had an issue asking for my employment related records. In any of the 4 hospitals I've worked in. Though most of the information provided was mine - I gave them copies of vaccination records or PPD tests. When I was a student and seeking employment as a new grad RN I just had my primary care office do them - cost was minimal, and my primary care office was much closer to where I lived than work/potential employers were. I was tested for an allergy to latex at a previous job and they gave me those records just fine in addition to my vaccine and PPD records.

Where I work now I can see my employee health records when I log in to the patient access portal (same access provided to all patients if they choose). I set up the access after getting the code following a primary care appointment. I can see the imaging and lab results from my work-related incidents in addition to the test results from primary care. It makes sense that I can see all of the records - my medical record number doesn't change just because I'm either a patient or employee.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

I really don't know. I'm going to be interested in the answers. Off to do some research

Interesting question. Please let us know the outcome of this.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
MunoRN said:
You are legally entitled access to employee records containing your medical information.

The relevant law is: OSHA - Access to Employee Exposure and Medical Records [Title 29 of the Code of Federal Regulations (CFR) Part 1910.1020].

Exposure yes....however if this is just the employee physical and they paid for it I'm not sure.....but it is your medical information. I still can't get a definitive answer from my sources...we are looking...LOL

Quote
Access means the right to examine and copy medical and exposure records. As an employee, you have the right to access exposure and medical records and analyses based on these records that concern your employment. An employer must permit employees and, in certain circumstances their designated representatives,to access exposure and medical records relevant to the employee, free of charge, within a reasonable period of time.

I am voting on the side of yes you may access them...they cannot deny you.

Specializes in Critical Care.
Exposure yes....however if this is just the employee physical and they paid for it I'm not sure.....but it is your medical information. I still can't get a definitive answer from my sources...we are looking...LOLI am voting on the side of yes you may access them...they cannot deny you.

The part on exposure records and medical records were two different parts, I included the exposure portion to show there was something else in between the introduction to what you have a right to and the part on medical records.

In addition to records on exposure or incidents, you also have the right to general medical information obtained by your employer.

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