Tuesday, September 30, 2008

Employers skirting privacy



There are new privacy concerns as some employers are beginning to ask job applicants to waive their right to medical privacy as a condition of employment consideration.

A North Carolina reporter obtained the following waiver from a large employer:

“I, (applicant), hereby authorize and permit the release to any authorized representative of (employer) any and all records in your possession pertaining to me, including but not limited to the following: credit information and records; bank account records; criminal and arrest records; medical records; employment information, including wages and benefits; driving records and accident or incident reports.”

Why anyone would release their medical records to a potential employer is questionable and is unnecessary for the majority of cases.

I am sure there are some legal opinions on whether this could be considered discriminatory.

Our office would think long and hard before we would release this information and certainly not before contacting the patient, but there are occasions that when forms look legal and have the patient signature, mistakes could occur.

Everyone needs to be aware of this new privacy concern.

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