HIPAA question

[valentineee]

My daughter took herself off of Depakote at the end of last year. She lost 50 pounds and this raised a few eye brows at work. She told her empoyer what she had done regarding discontinuing medication and weight loss was a result of this. Her weight loss scared her and in March she decided that she wanted to follow up with a doctor. Her primary care doctor told her that she needed to inform her workplace of the possibility of a seizure, so they would know what was transpiring and how to handle it in the event a seizure occurred at the workplace. She informed work and scheduled an appointment with an epileptologist, but she had to wait three months to see the doctor. Shortly before her scheduled her visit, she had a seizure and ended up in the ER from which she was released. The epileptologist changed her meds and she is doing well. Now, her employer wants her to sign a HIPAA release and review her medical records, stating that they need to make she sure is not a threat to herself or others. Nothing she has done has ever affected her work, except for one day in the ER and half a day for a doctor appointment. She is a nervous wreck about forwarding her medical records to the firm, and she no longer feels comfortable talking freely with her doctor if this information can end up with her employer. She has nothing to hide, but still, a conversation with your doctor is not intended for sharing with the people at work. She is terribly upset by the stigma associated with epilepsy and needs to know her rights and the employer's rights. She is considering refusing to sign the HIPAA release authorization and fears that this could cost her her job.

 

[kayakmom]

I see NO reason for her to sign this for work! It is the same as signing one for school for kids. She has a right NOT to do this. Her doctor can tell her if she is a "DANGER" and basically. People with epilepsy are NOT a danger to anyone else. The workers can be easily trained how to know basic first aid for seizures! This is rediculous! The work has NO right to her medical information. It is PRIVATE. NO WAY should she sign this over!!! Epilepsy does NOT make her a DANGER to anyone!!

Have her call her epi RIGHT away and tell them what work says! I hope she has a GOOD epi who will get angry and fire off a letter stating that Epilepsy is NOT dangerous, but she should also tell the doctor she is NOT comfortable with her doctors sharing any private details of her medical information with work.

you can find easy first aid information at the epilepsy foundation or epilepsy.com

ginny

 

[jazz'smum]

My goodness!

There is no way the epileptologist or any doctor would or should hand over private medical records to an employer. How dare they even ask!
She should absolutely refuse and i would take it further!
I hope her employers wake up and educate themselves a lot better about epilepsy.

Hope you sort this out soon
Cheryl

 

[skillefer]

If you live in the US, what the employer is asking could be seen as a violation of the Americans with Disabilities act. After all, does this employer require a HIPAA from every asthmatic, diabetic, hypoglycemic, or persons suffering from mental illness? I have NEVER been asked to sign a HIPAA, and I am a public school teacher. I've had several grand mals where I teach. Instead, I went to my doctor's office and had them type up a letter stating what kind of seizures I have and what to do if I have one at work.

 

[Bernard]

... Now, her employer wants her to sign a HIPAA release and review her medical records, stating that they need to make she sure is not a threat to herself or others. ...

She should just ask her epi/doc for a note (in writing of course) stating that she is not a threat to anyone and is capable of performing the her job.

 

[Meetz1064]

Uh, NO........

and what Bernard said to do hits the nail right on the head. :agree: No more, no less. You can always involve the Epilepsy Foundation if you need to. Remind them of the ADA, too. She has done no one harm...........and if it DOES cost her her job, she DOES have cause for a lawsuit, and that company needs to be reminded of it,

 

[epileric]

I haven't been asked for my medical file yet

& I would never give it to any employer. Every time I've seen people give their file instead of just a note it's so that they can try to find a "legitimate" way to fire or lay off the person.

 

[alivenwell]

I never had to sign one. But, then having a seizure is hard to hide. Verbal discussion can be a healthy thing. They probably don't want a lawsuit and they're probably trying to get the clout of a medical authority.
Employers have ways around the system. When I was young, one employer wrote up a neatly typed 'review' reflecting poor performance. It was NOT signed. I immediately got my neurologist's clout with his nicely written and signed note indicating I have epilepsy and should not be treated with discrimination. Of course, I found another job after that, but it gave me enough time to take an exit outta there. It became uncomfortable with management. Coworkers were nice. I still keep in touch.

It sounds like it's time to switch doctors!

 

[tinasmom]

If the employer is that concerned, they should contact their local Epilepsy Affiliate and schedule seizure first aid training for all the employees. The training will help them understand Epilepsy. People are afraid of things that they do not understand. It sounds to me like they are probably worried about a possible lawsuit. You can also get help from the Epilepsy Foundation www.epilepsyfoundation.org with employment issues.