Wednesday, September 1, 2010

Is my former employer required to release a copy of my Tuberculosis test to me


Is my former employer required to release a copy of my Tuberculosis test to me?
Last December I worked for a company that paid for my tb test. I no longer work there and am applying for another job that requires a tb test that is no longer than a year old. I called my former employer and they are refusing to release the test because I no longer work there, and they paid for the test. Can they legally do this? Thanks for the answers. The company has a paid nurse on staff and she did the test and the reading herself. It wasn't done in a doctor's office or clinic. Thanks for all the answers. I have looked up HIPAA and will file a complaint with HHS against my former employer. Should I let my former employer know and scare them a little or wait and see what happens with the complaint first?
Law & Ethics - 4 Answers
Random Answers, Critics, Comments, Opinions :
1 :
No. Contact the doctor/place you had the test done and demand a copy of the result personally. There may be a fee and you may have to sign a release (to cover their butts) but you have absolute right to your medical information in every state.
2 :
Contact the doctor or clinic that tested you and request a copy of "your" results or record. Thet cannot withholt the information from you.
3 :
Ask your former company what lab did the testing (or ask a former coworker if they know)... then just call the lab, ask for a fax copy of your results, and there you go Doesn't sound legal to me, and there could be some problem with getting 2 TB tests so close together. Be careful
4 :
Yes, it is perfectly legal. IF you are in the U.S. Therefore, do as sugggested by the others and contact the lab. EDITED BASED ON ADDITIONAL INFORMATION: Then you have no legal claim to the results. Go get one done. AGAIN FOR ROCCO: I suggest you first READ HIPPA compliance rules. Or I guess my 35 years of legal practice don't mean much. EDITED FOR ADDITIONAL INFO: Sure, inform them about your complaint. They will either answer you or not. But it could also be viewed as an extortion attempt. And I would stronly advise you to read the ENTIRE HIPPA regulations. You have no basis for a complaint. By the way, I AM an attorney.
5 :
HIPPA regulations state that they must disclose your medical records to you. They can charge you a fee but they do have to give it to you



 Read more discussions :