Originally Posted by
155mm
I'm not convinced this "settlement agreement" can negotiate away the fundamental rights a patient has to privacy of medical conditions/records! Am I correct in the interpretation of this policy as saying the employee is being compelled to provide confidential medical conditions/reports or face not getting paid?
There have certainly been lawsuits for torts of invasion of privacy of medical records in the past. It will be interesting to see the legal challenges.
I guess the legal question is, "When does a "doctor's note" become a medical report?"
While I'm not a lawyer, I do know that you can't negotiate anything that is contrary to law and have it pass muster. There were lawyers involved in crafting this settlement agreement on both sides so I would be surprised if it doesn't pass muster. But, I too am curious how they get around some of the HIPAA provisions.