Many states prohibit unauthorized disclosure of an
employee’s
medical records as well as
the unauthorized acquisition of
medical information.
Some states require that an applicant or employee
not be charged the cost of an employer-requested
physical
test and given a copy of the result. In other
states, for example California, it is mandatory to
obtain the written consent of the job applicant or
the employee before disclosing the information to
the employer.
What does medical record contain?
Medical records are created when an individual receives
treatment from a health professional, such as physician,
nurse, dentist, chiropractor or psychiatrist. The
record may also include individuals or family medical
history, details about smoking habits or past drug
or alcohol abuse. Records also contain laboratory
test results, medications prescribed, and operation
undergone, etc.
Employee rights
 |
The employee has
considerable rights in the event that if confidential
medical information is conveyed to outsiders without
the consent or knowledge and is used to the employee’s
disadvantage. |
|
Medical data, all information
related to the employee’s health, diagnosis
and treatment of illness or any information revealed
during medical consultations must be maintained
in the strictest confidence to avoid violations
of state privacy laws. |
|
Medical records should be kept
separately from personnel records. |
|
The confidentiality of medical
records is covered by the American with Disabilities
Act (ADA). Under ADA, result of any medical examinations
or information must be kept on separate forms
and in a separate file and should be kept confidential. |
