Checking Employee's Medical Record
If you want to check the medical record of potential and current employees, you have to be extra careful. Determine your rights as employer and the things that you need to comply with through the AMRA.
Follow the rules and you can also seek help from a competent lawyer to ensure a problem free undertaking.
Checking Employee's Medical Record
Every employer should check the medical records of potential and existing employees. Perhaps you’re wondering how you will go about the process. The medical records can be obtained from a health specialist, company doctor, specialist consultant, and general practitioner of the employee. Employers have various reasons for checking the medical records of their employees. This is usually done during pre-employment but is possible with the old staffs to determine if they don’t have any disability, underlying medical condition, and if the staffs qualify for health insurance.
There is a law that allows employers to check the medical records and this is known as the AMRA or Access to Medical Records Act of 1988. Employers can access the medical records of applicants as long as the documents will be used for insurance and employment purposes. As the employer, you have to provide a written consent that will be signed by the applicant or employee and you will show this to the doctor or general practitioner. Make sure that you educate the applicants or employees about their rights under the AMRA. Once you present the written consent, the person concerned can withhold consent and to agree.
More on Getting Consent
If an employee agrees and gives consent, two things can happen. The medical records will be checked first by the employee before submission to the employer or the records can be sent directly to the requesting party. The general practitioner may ask for fees to provide the medical records. All medical records of employees are under the DPA or date protection and without their consent, employers will not be able to access the medical records. Both parties have rights and duties to comply. If you truly want to get the applicants’ medical records, you have to comply accordingly as well.
Work on the written consent papers first. Without it, en employee can sue you for discrimination or other related charges. It pays to follow what the law states to avoid any violations. Read the AMRA first so that you will know the step by step guide in checking the medical records of employees. Why don’t you consult with a competent lawyer? He or she can help you in drafting the written consent that you will show to your employees or applicants. Provide the necessary documents, particularly the rights of employees that are stated in the AMRA. With thorough understanding of the 1988 act, you can easily get the much needed information. Now, you can evaluate the health of potential and existing employees.
1 Comment
- What option does the employer have if an employee refuses to give their consent to see their medical records?
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