weird medical privacy issue

[disykat]

DH is at work because he is considered essential. Apparently today at work they had to disclose (*** I'm going to change this to were asked to volunteer) if they live with anyone with health risks. Now they want to send him home and I have to provide medical records. This is so weird. Now I've trying to wade through my online medical portal trying to figure out how to partially disclose without sending my whole record in.

(updated to reflect that I don't feel his work is out to get me, it just feels weirdly uncomfortable to navigate! I get why they need to substantiate a need, it's just a matter of what I'm willing to provide.)

 

[Searc]

DH is at work because he is considered essential. Apparently today at work they had to disclose if they live with anyone with health risks. Now they want to send him home and I have to provide medical records. This is so weird. Now I've trying to wade through my online medical portal trying to figure out how to partially disclose without sending my whole record in.

That would be a hell no.

 

[NotUrsula]

No. What I suggest you send them is a copy of HIPAA. Not even your own employer would be entitled to demand your health records, let alone his. You don't have to disclose a single thing.

What is the reason behind this request? Are they concerned that they might be liable if you catch COVID-19 from him if he is exposed at work? Legally, I don't believe that they have a leg to stand on if that is the argument. (I am assuming that you are trying to stop this because they are not offering to pay him for that 14 day period at home? )

 

[ImDMous]

Yeah, there is no way they can legally ask you to prove you are in an at-risk group.

 

[disykat]

I don't feel like they're trying to invade my privacy, but rather protect people and allow employees not to take home anything to family members who are at risk. DH self identified when asked, so I don't feel like it's an invasion at this point. The problem is if I'm willing to provide proof. I'm not trying to stop anything and he will be paid - it's more of what level of proof am I willing to provide. It just feels weird.

 

[NotUrsula]

If you WANT to tell them, just write a brief letter stating your diagnosis and when it was made; that should be plenty.

A signed, written statement is something they can toss back at him in the event that they found out he was lying, which I expect is what they really want, now that you've explained.

 

[MarkLT1]

Perhaps an option would be to see if your doctor can write a short letter, stating simply that you have a medical condition that puts you at high risk for COVID complications. That way you are not specifying what medical condition it is, but have an expert simply stating that you do have one that needs to be carefully considered?

 

[CmdrThor]

Some employers will be sequestering essential employees for days or even a week or more at a time. No employer has a right to your medical history, but I could see asking for a letter from a doctor stating the employee or a family member has a compromised immune system, but no details about why that is, in order to be relieved from coming in to work for essential duties.

 

[figaro2tigger]

HIPPA regulations have only been temporarily suspended ONLY for Facetime Dr. appts. Since his employer has requested medical records, this is a huge violation. HR COULD take this into account for layoffs etc., in order to reduce their medical insurance premiums.
Not saying that they WOULD, but this did occur at at least 2 companies that i worked for in the past, when employees spoke about their family or personal medical history.
That being said, a letter from your Dr. (not a specialist that could indicate an expensive condition) stating that you meet the "at risk" portion of the coronavirus profile SHOULD constitute a "medical record" of risk.
HTH

 

[disykat]

Thanks, friends. I like the idea of a letter stating that I meet one of the at risk categories. I actually already have something similar en route to my mailbox because initially I was told it might be needed when I cancelled travel plans. Hopefully it will suffice.

I'm not particularly secretive, but this freaked me out. Like figaro2tigger mentioned above, it felt risky.

 

[JimMIA]

Thanks, friends. I like the idea of a letter stating that I meet one of the at risk categories. I actually already have something similar en route to my mailbox because initially I was told it might be needed when I cancelled travel plans. Hopefully it will suffice.

I'm not particularly secretive, but this freaked me out. Like figaro2tigger mentioned above, it felt risky.

I think that's the best plan, rather than providing details. You never can tell what might happen with released medical details, and there is really no need for it.

It sounds like your husband's employer is a smallish business that is simply not caught up on all the HR stuff like HIPPA. As basic as HIPPA protections are, many employers either are not aware or think they only apply to medical providers releasing your private information.

 

[disykat]

Small employer, NOT! I think that's one of the reasons they have to send people home - to reduce the crowd at the office. So, now they have to navigate how to decide who goes home, obviously first those at risk, then those with at risk family members, etc. They've already started working in shifts to reduce the number of people in the office at the same time.

Again, DH does not HAVE to provide this, but he does have to substantiate an at risk claim if he is making one. That seems reasonable to me, I was just freaked out about how to do this without compromising my own privacy. Definitely an odd, invaded feeling when DH contacted me this morning.

I don't in any way feel like there is bad intent going on in this, it's more of an "how do I navigate this?" issue.

 

[gotomu212]

This was a question on askamanager.org today, and employers can ask you to disclose medical information IF an employee is asking for an accommodation. I read that wanting to send him home, assuming with pay, is an accommodation and as such they need information to verify the accommodation need. It’s a little weird here because it involves a household member need instead of an employee need but it’s to accommodate your husband. It’s the same as needed documentation to provide any other disability accommodation.

i would suggest either a drs note or a simple record listing your at risk condition, and it sounds like the employer is trying to do the right thing and limit risks for employees with at risk households (which I wish all employers would do now).