Required Nature Of Illness on Doctor’s Excuse?

Question:

I am from New Jersey and would like to know if it legal for your employer to make you put your nature of illness on a DR’S NOTE??????Is this practice legal???

Signed,

Something Private


Answer:

Dear Something Private:

It is not appropriate for an employer to require a medical excuse from the doctor to indicate the nature of the illness. Employees have specific rights under the Federal Act of 1966 — Health Insurance Portability and Accountability Act (HIPAA), including the security and confidentiality of medical records and health information. You have the right to notify the physician not to disclose such information (nature of illness) to the employer.

Companies must be in compliance with HIPAA. Fines, penalties and possible jail time can be imposed for noncompliance. You should simply state to your employer that you are withholding this information on the “doctor’s note” as provided by HIPAA. If this does not resolve the matter, consult an attorney. Best of luck. Gerald Allen Working together with hands, head, and heart takes and makes big WEGOs.

Gerald Allen