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Q: Does my employer have the right to have my medical records if they don't have a doctor working for them?
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Who owns medical records?

Legally, medical records are owned by the employer of the doctor who compiles them.


Can an employee be dismissed for refusing to allow an employer to view his medical records?

Very little of the health record privacy law (HIPAA) applies to employers, but this is in there: employers cannot compel you to reveal medical RECORDS except those needed to claim a medical-based benefit like FMLA, workers comp, or ADA accommodation. The employer can compel you on pain of discharge to demand necessary records from your doctor, who cannpot refuse YOU. The employer cannot demand records from your doctor, but can hire a doctor to demand the records and review them.


Who is the doctor that keeps the medical records?

Every doctor maintains his or her patients' medical records.


Medical records are owned by who?

The doctor who compiles them, or his employer.


Are medical records confidential after a Doctor files bankruptcy?

Medical records belong to the patient, not the doctor and remain confidential regardless of the doctor's financial condition.


Is it legal for your employer to ask who your doctor is?

It is not illegal for your employer to ask who your doctor is. It is illegal for your doctor to give out your information without your consent. Many places of employement require a letter of recent phyical as a requirement of employment. The doctor's signature would be on the form.


Can a potential empolyer obtain access to your medical records from a compensation claim?

Not legally. HIPAA required doctors and insurers to protect your records against abuse. Your current employer can compel you to provide them, but cannot get them diretly from your doctor.


Does any official have the right to require the detailed description of an illness prior the contract between an employer and disabled employee is signed?

Medical info is strictly confidential. Your Doctor has to give a written statement to your employer that explains your limitations but not your illness. I do not think even the court can subpoena the medical records due to national Doctor - Patient laws.


Who impacts medical records?

The doctor is the person who is mainly in charge of writing the records. But, most importantly, YOU are in charge of your medical records, since you are the subject.


Where do medical records go after a doctor dies?

To his replacment.


Who owns a patient's medical records?

The doctor and the patient.


Can you work part time while out on medical leave?

Unless declared incapacitated by your doctor, sure. You can work for your employer or on a second job. But if you have been granted FMLA, you are prohibited from working because you ARE incapacitated from working.