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Writer's pictureShidonna Raven

What can your doctor legally say?

Source: FGBO Law Feature Photo Source: Unsplash, Jonathan Borba

HIPAA’s Privacy Rule makes it so that an employer can ask you for a doctor’s note or health information for health insurance, workers’ compensation, sick leave, or other programs. However, the employer cannot call a doctor or healthcare provider directly for information about you. If the employer does call your doctor, you could have a HIPAA violation claim against him or her. The only time an employer can get health information about you directly from your doctor is with your authorization. The only time an employer can go outside this rule is if there is a law giving the employer express permission to do so.

What should you do when your medical information is disclosed without authorization? What should you do when your medical information is disclosed without your knowledge nor consent? Why? Why not?

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