Legal Question in Disability Law in California

hipaa/ Medical info protection

I am currently out on short term disability and my manager sent a letter to my doctor requesting personal info. ie. medications, etc. He asked several questions re: my health status. Is this legal?


Asked on 10/20/08, 2:38 pm

3 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: hipaa/ Medical info protection

Absolutely not. Your medical history is confidential unless you authorize its release.

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Answered on 10/20/08, 4:18 pm
Terry A. Nelson Nelson & Lawless

Re: hipaa/ Medical info protection

You are obligated to provide doctor's verification of your disabling condition. However, the company is not supposed to ask, and your doctor is not supposed to provide, personal confidential info without your consent.

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Answered on 10/20/08, 6:14 pm
Terry A. Nelson Nelson & Lawless

Re: hipaa/ Medical info protection

You are obligated to provide doctor's verification of your disabling condition. However, the company is not supposed to ask, and your doctor is not supposed to provide, personal confidential info without your consent. If such confidential info is disclosed improperly, you have rights and remedies under the law. If so, feel free to contact me.

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Answered on 10/20/08, 6:16 pm


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