CallMeAl@piefed.world 22 hours ago
It is a misconception that the Privacy Rule creates a right for any individual to refuse to disclose any health information (such as chronic conditions or immunization records) if requested by an employer or business. HIPAA Privacy Rule requirements merely place restrictions on disclosure by covered entities and their business associates without the consent of the individual whose records are being requested; they do not place any restrictions upon requesting health information directly from the subject of that information.
Source: Wikipedia
kboos1@lemmy.world 22 hours ago
That doesn’t answer the question. That says the person can be asked about their health but no one is required to comply.
CallMeAl@piefed.world 22 hours ago
IANAL but as I understand it, in the USA an employer can require you to get a medical declaration that you are fit for the requirements of the job if they see evidence that suggests that you might not be. You are then required to get that declaration from your doctor and give it to your employer. HIPAA doesn’t apply but it could go before a judge to decide if you refuse to provide it.
Apytele@sh.itjust.works 9 hours ago
Yeah every healthcare job I’ve had has required a physical where the most intensive item is one squat + stand back up but also includes basic push/pull against the examiner, a vision test that includes a check for color vision, and of course drug testing and fingerprinting.
Steve@communick.news 21 hours ago
It won’t go before a judge or anything. You’re not “Required” to provide it. It’s just that if you don’t, you’ll likely be fired. It’s not a legal requirement backed by law enforcement. But your employer may choose not be be your employer of you don’t provide it.
CallMeAl@piefed.world 21 hours ago
If you believe you are entitled to both keep your job and not share the requested medical information with your employer, then your only recourse is to sue your employer to bar them from firing you, and take it before a judge.