Hipaa and scheduled Dr.'s appointments

BrnEyedGirl, BSN, MSN, RN, APRN · Aug 17, 2010

If the pt (your husband) gives out the info then it isn't a breech of anything,....you don't need to tell them why your going,..just a note from the office saying Mr Husband has an appointment Aug 22, 2010 at 1000. I agree though,...why an employer needs a note is beyond me,..can't he just ask in advance "hey I need Aug 22 off for an appointment?"

Sparrowhawk · Aug 17, 2010

Seems like it's none of their dang business why I want a day off.

Jolie, BSN · Aug 17, 2010

HIPAA applies to your healthcare providers, not your employer. Unless you seek healthcare at your place of employment, your employer will not have access to your personal health records.

If an employee requests time off work to go to a healthcare appointment, the employer is within his rights to ask for proof of attendance at the appointment. If the appointment is related to a Family & Medical Leave Act issue or a Worker's Comp claim, the employer not only has the right to verify attendance at the appointment, but would be remiss not to request specific information related to the visit.

For an FMLA issue, the employer need not be told the diagnosis, but has the right to request information regarding the employee's progress toward resolution of the issue. For example, an anticipated return to work date without restrictions.

For a Worker's Comp claim, the employer has the right to information about the injury, treatment, and expected date of return to work.

chloecatrn · Aug 17, 2010

The employer can request a note that says that the employee was present at the HCPs office on X date at X time. Unless it's a circumstance outlined by Jolie, no information about the diagnosis, treatment, prescriptions provided, etc. can or should be provided.

stephaniegarcia · Oct 18, 2010

HIPAA applies to your healthcare providers, not your employer. Unless you seek healthcare at your place of employment, your employer will not have access to your personal health records.
If an employee requests time off work to go to a healthcare appointment, the employer is within his rights to ask for proof of attendance at the appointment. If the appointment is related to a Family & Medical Leave Act issue or a Worker's Comp claim, the employer not only has the right to verify attendance at the appointment, but would be remiss not to request specific information related to the visit.
For an FMLA issue, the employer need not be told the diagnosis, but has the right to request information regarding the employee's progress toward resolution of the issue. For example, an anticipated return to work date without restrictions.
For a Worker's Comp claim, the employer has the right to information about the injury, treatment, and expected date of return to work.

This is correct...

mentalhealthRN · Nov 10, 2010

I get what the OP is saying about this giving away info that maybe person doesn't want their employer to know. Even if the person gets this "Note" stating that so and so has an appointment on such and such a date at such and such a time-- fine.....its that the letter is going to be written on the docs letterhead. This may give away info about what type of doc/appt it is......ie like mentioned a psychiatrist, an oncologist, etc. OP--I know when I worked in the Psych ED and we would have patients that after being evaluated were not going to be admitted but discharged home and they would request a note from the doc excusing them from work or school or what not. The fact that the stamps or scripts the docs use read "Department of Psychiatry" or "URMC Psych" etc. would give more info then the patient really wanted to share with their employer, school, etc. So we would use basic hospital paper--even a a blank progress note and have the doc write the note and sign it......I get the not wanting to give away more info then is necessary-- see if they will write a note like that that will not indicate the type of appt your husband has.

Hope that makes sense! lol

Lindsay · Aug 31, 2019

I do not have a comment but I do have a question.

Can an employer call the doctors office of an employee and ask them if their doctors appointment was prescheduled?

Orion81RN · Aug 31, 2019

3 hours ago, Lindsay said:
I do not have a comment but I do have a question.
Can an employer call the doctors office of an employee and ask them if their doctors appointment was prescheduled?

My question would be why does the employer have your doctor's phone number.

MunoRN, RN · Sep 1, 2019

8 hours ago, Lindsay said:
I do not have a comment but I do have a question.
Can an employer call the doctors office of an employee and ask them if their doctors appointment was prescheduled?

The employer can require that the employee provide proof of a medical reason to miss work. The employee can then give permission to their Doctor's office to confirm that the appointment occurred when the employer inquires about the appointment. Or the employee can decline to allow any information related to the appointment to be shared, and risk the consequences that may go with that.

Glycerine82, LPN · Sep 7, 2019

HIPAA pertains only to the patient and the provider caring for the patient. That's not to say this isn't an invasion of privacy, because it is.

He should be able to get some kind of note or letter stating he's got an appointment without divulging what it's for.

**CommunityRNBSN, BSN, RN** · Sep 13, 2019

On 8/31/2019 at 3:10 PM, Lindsay said:
I do not have a comment but I do have a question.
Can an employer call the doctors office of an employee and ask them if their doctors appointment was prescheduled?

All I can say is: I work in an outpatient clinic. If someone called and said they were an employer (or declined to say who they were at all), and asked about appointments, we definitely wouldn’t tell them anything. It would be “We can’t say that that person has or hasn’t ever been seen here. If you’d like to know about someone’s medical treatment, you’ll need that person to call and give us permission to talk to you.”