QUESTION

Can an employer ask a therapist about an employee's mental stability and does this go against the HIPAA?

Asked on Dec 10th, 2013 on Labor and Employment - Texas
More details to this question:
Can employer ask if the employee is a danger to him/herself or others in the work place?
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4 ANSWERS

If you are the therapist in question, you should ask your licensing authority this question, or look it up in your code of ethical conduct. I do not know the answer If you are not the therapist , I still do not know the answer, but I suspect the employer should ask, if they have concerns about danger to him/herself or others in the work place. I also suspect the therapist is required to divulge such information to some one.
Answered on Dec 13th, 2013 at 3:28 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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The employer can ask; it is the duty of the therapist to keep the information confidential. However, if you signed a release, either when therapy started or as part of the employer paying for your health care, then the therapist would be allowed to tell the employer. Also, talk with your therapist. I believe that the confidentiality requirement may not apply if you are a danger to yourself or others.
Answered on Dec 13th, 2013 at 3:28 PM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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In some instances, an employer can communicate with an employee's health care provider. An attorney would need full and complete information to adequately respond to your concern.
Answered on Dec 13th, 2013 at 3:27 PM

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Bruce A. Coane
I don't know HIPAA law but I do know employment law. Under employment law, generally, an employer can ask whatever they want, so long as they have no intent to violate civil rights laws or discrimination laws. of course, if it leads to being fired and an employee believes the firing was based on unlawful discrimination, the employee could file a discrimination complaint.
Answered on Dec 13th, 2013 at 3:27 PM

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