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Medical Forum / Diseases and Disorders / Epilepsy / February 2004

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Can an employer request medical records?

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Donald Boelling - 04 Feb 2004 21:15 GMT
My 24 year old son started having seizures about 15 months ago.
Medication to this point has not stopped them, however they are
infrequent. He has had five mild seizures at work over the last 15
months. Two within a few days about a week ago. I will state right
upfront that several requests for reasonable accommodations met with
resistance and refusal. Those accommodations were simply to move him
from a Tuesday-Saturday to a Monday-Friday work week so he can ride
the bus if need be. And that a chair be placed in his work area in
case he has a seizure. The first one was met after pushing it. It's
been 15 months and the chair still has not been accommodated.  

His employer is now requesting that my son sign a medical release to
his doctor for information as to my son's ability to perform his job
functions and what reasonable accommodations are required. He is an
auto technician for a Toyota dealership. My son and I don't have a
problem with this as it is appropriate for the employer to be sure to
do everything possible to protect themselves and my son. However, as
part of the medical release, they are requesting copies of all his
medical records. This we do have a problem with. It's not in my son's
best interest for non-medically trained people to make decisions and
judgments on my son's medical records. Also, these records have his
medical history not related to his epilepsy.

So, as I am not an expert in the ADA, I am asking if anyone can point
me to a specific part of the ADA, privacy laws, or court ruling
barring employers from asking for more then required, to assess job
ability. Any help would be appreciated.
Pablo - 05 Feb 2004 07:20 GMT
g'day don,
here in australia you are not obliged to provide your medical records to
employer. all that they should need is the results of your sons pre-start
medical. if you wish to provide the employer with access to the medical
records pertaining to seizures that is up to you, but i certainly would not
allow them full access to your son's medical records, and personally i
wouldn't allow them any access to any medical records. i have been an
electrician for almost 25 years now and none of my employers have had access
to any of my medical records. i have always been upfront with them about my
condition but i won't go into specifics and all they receive from the doctor
is the results of my pre-start medical stating that i'm fit to work.
also i know here that companies are required to make reasonable
accommodations to allow you to continue your employment. if i were you i
would find your nearest epilepsy foundation and get some information from
them. you can find links to many of these websites and other info from howdy
dave's website www.howdydave.com/ or julie's www.epilepsyidaho.org . good
luck and keep us posted.
pablo
> My 24 year old son started having seizures about 15 months ago.
> Medication to this point has not stopped them, however they are
[quoted text clipped - 23 lines]
> barring employers from asking for more then required, to assess job
> ability. Any help would be appreciated.
Sprung - 05 Feb 2004 14:24 GMT
Read the form. If all they want is *information as to my son's ability
to perform his job*, that puts the onus on your doctor to avoid
providing any info they don't need to know.

> My 24 year old son started having seizures about 15 months ago.
> Medication to this point has not stopped them, however they are
[quoted text clipped - 23 lines]
> barring employers from asking for more then required, to assess job
> ability. Any help would be appreciated.
CyberCafe - 05 Feb 2004 19:13 GMT
> My 24 year old son started having seizures about 15 months ago.
> Medication to this point has not stopped them, however they are
[quoted text clipped - 6 lines]
> case he has a seizure. The first one was met after pushing it. It's
> been 15 months and the chair still has not been accommodated.

> His employer is now requesting that my son sign a medical release to
> his doctor for information as to my son's ability to perform his job
[quoted text clipped - 12 lines]
> barring employers from asking for more then required, to assess job
> ability. Any help would be appreciated.

Hope the following link helps:
http://www.eeoc.gov/facts/ada18.html  (has a link to The Americans with
Disabilities Act of 1990, Titles I and V)

The following site has a lot of info and links regarding the HIPAA (some
spell it HIPPA) laws regarding health information and privacy:
http://www.hhs.gov/ocr/hipaa/
That HIPAA site has some pretty important stuff on it.   A third party,
like an employer, can fill out the medical release forms, but it would be
better if your son visited or called his doctor's office for advice on
what to include in the portion that specifies what medical records can be
released.   He can also limit the amount of time the employer has access
to the specified records.

You know, if the size of the place where you son works is small (it's
either under 15 or under 25 employees, not sure which),, that business
may not have to abide by the Americans with Disabilities Act.

Barb
 
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