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Didn't Tell Work. Now It's a Problem! Calling All With Knowlege of HIPPA!



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I have been temping at a company and am getting hired there permanently. I got the sleeve surgery while I was temping. As part of the hiring process, I have to fill out a health questionnaire and list all surgeries. Could my boss find out I had the surgery when I didn't tell him I was having surgery?

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Maybe you can't stop 'em from putting the question on some form but......

Even though it is a health form, It was not an illness. It was elective and it's none of their business......I'd leave it blank. ;)

Edited by Recycled

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I guess I'd ask (in a nice way...) the reason for their inquiry -- I can't imagine a legal reason for that, but I'm not a HIPAA expert or a lawyer or an HR person, so I really don't know -- but that seems troubling to me...

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Let me preface this by saying I'm no HIPPA expert. I did work in a doctor's office where we did use health questionnaries for patients, but again, DOCTOR'S OFFICE. Ask them why health questionnaire is necessary. Are you working in a position that requires heavy lifting or exposure to hazardous chemicals or something? I do not see how your personal health information is relevant to the job. My gut is telling me that this is not information they are entitled to have.

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As a former HR person I can tell you that those questionnaires that temp firms have you fill out are only to help them out you in appropriate positions. If you had back surgery they aren't going to send you to a job where refilling photo copy machines and stocking kitchen cabinets are your primary duties (or they would talk to you about your abilities before hand to see if you could handle that job).... I wouldn't worry about it.

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I had my surgery, didn't say a word, told some co-workers came back to work. No harm, no foul and non of their business. I would do as the previous posts suggests, ignore the questions. Good luck!

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You are not obligated to give any personal health information. I wouldn't worry about putting it on the form. It's none of their business and it clearly doesn't effect your job performance or they probably wouldn't be hiring you permanently. Your health information is protected so they can't even go behind your back and find out with out serious consequences.

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If you still have questions about HIPAA, maybe visit your local hospital - they may have an expert who could answer your questions. I would hate for you to not get a job because of this. Good luck!

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I wouldn't put it down. I had a similar question with I got my job and like someone else said, it was just making sure you weren't in a position that you wouldn't be able to handle due to health reasons. It wasn't relevant to my work but since they used the same form for people in the warehouses, it was on there.

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It seems unethical to ask that question. Even if they were trying to figure out if you could handle the physical rigors of the job, it's better to ask questions such as "can you stand for long periods of time" or "can you lift 25lbs". The only other reason I could think they would want that information is for their insurance carrier but it's still not needed. I wouldn't include it.

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If you're anxious about how even asking HR "why" might impact you, the company, or parent company, should have a confidential Ombudsman who can help you. That's his/her job to deal with matters like this and answer any questions you may have in complete confidence (excepting the whole harm to self/others clause).

Most companies ask for that sort of information to ensure you are cared for properly in the event of an emergency. Earthquake? Flood? Coworker gone postal? They want to be able to tell EMS your medical history quickly and efficiently without having to try to take the time to contact your next-of-kin. As weird as it sounds, it's standard practice to ask these sorts of things in most large organizations. That said, everyone here is right, you have no obligation to disclose. Maybe, after you're hired, ask your surgeon if (s)he thinks it would be worth it to share for emergency purposes. If (s)he says 'yes', at that point you're informing just HR (not your supervisor) and have solid grounds for a wrongful termination lawsuit if you lose your job over it (and since they know that, you won't).

Personally? I'd leave it off entirely or ask the Ombuds.

Edited by Smye

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You are not required to reveal it unless you are asking for special considerations due to work requirements. Like a back problem that would prevent lifting if required, or a special headset for hearing if you had hearing loss. Don't sweat it

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You can also just note it as "Gastric surgery" which could mean a wide variety of things. ANd yes, none of their business what.

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I say leave it off. It is nobody's business.

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If it is only job related, it doesn't matter and your employer doesn't need to know. If the information is related to health insurance, that is a different scenario.

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