Is this Legal?

Keepstanding, ASN, RN · Jul 4, 2008

sounds like a big hipaa issue if you ask me ??? :eek:

shelly304 · Jul 4, 2008

Probably because they are 'asking you' to call and say what is wrong it is not a HIPAA violation. They are not snooping for info, just asking you to "freely give it". If they want a report from your MD then I would ask them to have the proper paper work available for you to sign that enables them to recieve your diagnoses. And under no circumstance (this would be a HIPAA violation) is the employee health nurse allowed to pass on the reason the employee was out!!

Not every illness requires a visit to the MD. If this is the case and you HAVE to visit the MD for a diagnoses, they should provide an on-site doc to make the diagnoses that you are not contagious. I wouldn't pay my own co-pay and have the insurance company pick up the tab for their new policy!

Once they begin to absorb the extra costs from the new policy, it will go by the wayside. This is what happened at my hospital!

widi96 · Jul 4, 2008

Oh - just a quick additional note - in this new policy is the punishment if we don't follow it, including up to suspension or termination.

Doesn't make it sound very 'voluntary'.

core0 · Jul 4, 2008

Our hospital has implemented a new policy when calling in. After we notify our supervisor, we are required to call the employee health nurse with a detailed description of what is wrong with us. They are to know if we have seen a physician, what treatment they are prescribing, etc. The hospitals excuse is that they are trying to make sure we aren't infectious. I, along with many others at our hospital, are quite offended by this and personally don't think it is any of their business what TYPE of illness we have. That should be between us and our physicians.
Previously I was under the impression it was illegal for an employer to demand to know what was wrong with you. (This is in Missouri). If anyone knows if this is true or not, I would appreciate knowing. Also, knowing who to report it too would be great.

Tell them you will give them this information as soon as they provide the following:

A copy of the nursing license of the employee health nurse

A copy of the employee health nursing certification of the employee health nurse

A copy of the medical license of the employee health medical director

A signed statement (in triplicate) that the information will only be used by the employee health office and that any release (intentional or unintentional) will result in an award of $50,000 per release to the employee

A signed statement acknowledging that the information is covered under HIPAA and release of this information to any party will be considered a HIPAA violation

A signed statement from the medical director acknowledging liability for the condition reported and liability for any treatment expenses.

Once you have all that then you can tell them "I have a cold"

David Carpenter, PA-C

RN1982 · Jul 4, 2008

I think that's ridiculous to have to go through all that just to have a sick day. I would call in then call the Employee health nurse that my reason was explosive diarrhea. See how they like that. I'm sorry but it's none of their business as to why you are calling in. Obviously there is a good reason to do so. The management at my last job wanted us to go to employee health if we had to leave work for an illness. Whatever, I was going to waste my time doing that, I'd rather go home.

Vito Andolini · Jul 4, 2008

i do believe you can check with the missouri or federal dept. of labor.

i have always believed it was illegal for an employer to require any more than a doctor's note stating you could return to duty, full or light. the employer does not have a right to know what is wrong with you, only that you are fit for duty, per your physician's determination.

but do check with an attorney or with your state/federal labor board. your governor's office could direct you to the exact department that deals with such issues.

try the aclu if that doesn't work.

BradleyRN · Jul 4, 2008

I am rarely sick. A few months ago, i suddenly developed a fever with N/V. I called a classmate to ask him to inform my instructor that i couldnt make it to class. I was barely able to do that thanks to the N/V. There is no way i would have made two calls. Let the supervisor handle the second one. We arent teenagers and this isnt the Dairy Queen. If they want proof once i feel better, maybe i can save a full bucket for them to examine.

IngyRN · Jul 4, 2008

check with your dept of labor.

Nursetastic · Jul 5, 2008

Check the attendance policy, too. If there is earned PTO or "sick day" written in to the policy, then in general, since you have earned the time it is yours to take. Of course, PTO is meant to be used with advanced request, but many companies are now calling all earned time PTO. Also, check the attendance policy for requirements for return to work notices. Many companies have begun to require those after 2 absences on consecutive scheduled work days. If this is the case, then why the heck would you need to give any information to anyone for only one missed day.

Also, when I was a manager at a large call center, our HR attorney advised us NOT to ask for specific reasons for absenteeism due to confidentiality issues. I had fought our district manager to implement this for months before I went up the chain of command and got the attorney involved. Makes me so sick to hear someone asked "what kind of sick are you? We really need you today can't you just take something and come to work?" I don't like the intrusion on privacy or the badgering and pressuring that can come with this type of questioning.

This policy just sounds like HIPAA violations waiting to happen. I flat out refuse to divulge my personal health information to anyone I work with. My standard answer is always "I had a migraine", that way they all know I suffer from them but don't know any other information.

bethin · Jul 5, 2008

The hospitals excuse is that they are trying to make sure we aren't infectious.

Well now that's just silly. If you call in to your supervisor and tell them you have a cold, flu, etc it's pretty obvious that you're infectious.

I don't think it's anyone's business if or what your treatment is. That's between you and your doctor. There's no treatment for a cold except nyquil, fluids, and rest. Most don't go to the dr unless it progresses to a severe cough.

I have Crohn's and if I was asked why I was calling in, I'd tell them I have explosive diarrhea every 30 mins and if they want, I'll gladly give them a stool specimen. When I call in, all I tell them is that I am having exac. of Crohn's symptoms. The supevisor is aware and she doesn't need to know how often I'm puking or how often I'm going to the br.

I would read up on HIPAA. If they want this info, then there is alot of paperwork to be done and until it's done, I would not follow this policy.

Tweety, BSN, RN · Jul 5, 2008

Well now that's just silly. If you call in to your supervisor and tell them you have a cold, flu, etc it's pretty obvious that you're infectious.

They are looking for trends. For example last weekend they had 58 call-ins and they asked people the reason so they can track a trend to see if something was spreading throughout the hospital making employees sick. Kind of makes sense so I'm a bit torn.

My theory was that the Red Sox were in town. :yeah: