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Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.orgShown: posts 1 to 9 of 9. This is the beginning of the thread.
Posted by Roslynn on October 30, 2008, at 12:07:49
Hi everyone,
I'm applying for jobs and was asked to fill out an "authorization for consumer reports" form. It is an authorization for a pre-employment background check. This one is for a temp agency!! I've done these before but they usually say they will check criminal activity, credit, educational institutions, employment etc. No problem there.
This one also says: "Understand that information from various Federal, State, local and other agencies which contain your past activities will be requested." AND
"A consumer report containing injury and illness records and medical information may be obtained only after a tentative offer of employment has been made."It's this last part I'm concerned about. Can they obtain my medical records??? What about psychiatric treatment? Hospitalization?
Current meds and treatment? Therapy?I thought HIPAA protected all this.
And what is "information from various Federal, State, local and other agencies which contain your past activities"??
Any help is greatly appreciated!!
Roslynn
Posted by B2chica on October 30, 2008, at 12:41:53
In reply to Employment background check and psych records, posted by Roslynn on October 30, 2008, at 12:07:49
that is VERY concerning.
i hadn't seen anything like that before. but i DO know that an employer CAN NOT ask you if you have any disabilities. mental health issues are considered under that. exceptions are after you've been hired if you need assistance for you disability (such as a special chair due to back injuries...) in my case i requested more regular hours, and approved time off for therapy once a week and pdoc appt, once a month (or more if needed) (i use sick time, its not like they give you special time, but this way i can't get fired because i'm taking this time off regularly).and i'm scared if they can find out how many times i've been in the hospital, or sent to the county mental health center. Or if they can look at insurance records for any illnesses.
i hope someone with more knowledge can chime in. i'd like to know also.
i know where i work is a big company so there are more regulations than say a small business that only employs a 50 or fewer employees. but i DO know that ADA covers us. they can't fire us if they find out about our MH issues.
then again i do know it happens... : (of course it does say "consumer report" i would think consumer is equal to public information, such as incarceration, etc. but i don't know about medical records. i don't see how or why they would have the right to see those!
b2c.
Posted by Phillipa on October 30, 2008, at 13:03:10
In reply to Re: Employment background check and psych records, posted by B2chica on October 30, 2008, at 12:41:53
I thought Hiipa Protected you also yes it's more than concerning. My mind says he's not legal. I mean so many people have histories of depression, anxiety and what not? I too hope someone who knows posts. Phillipa
Posted by raisinb on October 30, 2008, at 13:36:58
In reply to Employment background check and psych records, posted by Roslynn on October 30, 2008, at 12:07:49
Hi Roslynn--
It's my understanding that the Americans with Disabilities Act prevents them from denying you a job or firing you for MH issues.The only thing to maybe worry about is, different types of employers follow the law more or less stringently. I work for a state institution and they are on the letter of the law all the time. State ethics guidelines about transparency pretty much force them to. But I've heard of private employers trying to get out of following laws like this (they'd have to say the rejection was for something else, of course).
If you can, you might do some checking about whether this kind of check is even legal, if it contains material that should be confidential. Others on this board might know more about that than I do.
Posted by Roslynn on October 30, 2008, at 15:07:10
In reply to Re: Employment background check and psych records, posted by raisinb on October 30, 2008, at 13:36:58
Thank you all...I'm glad I'm not the only one concerned about this. Keep in mind this is just a temp agency and they haven't even sent me out on a job yet..I registered with another agency in the area and they had *nothing* like this
Those of you with jobs already need not worry(and I didn't mean to make anyone worry). You are protected under ADA. Didn't mean to cause you any stress.
I ended up taking the form home with me. No way was I going to sign that and leave it with them.
Now that I think of it I don't even want them to have my regular medical info..why should they know I have asthma??
Posted by seldomseen on October 31, 2008, at 5:11:31
In reply to Employment background check and psych records, posted by Roslynn on October 30, 2008, at 12:07:49
They absolutely can NOT get your medical records without your consent. This is a Federal law.
They CAN ask you to get a physical examination if the job for which you are applying may have certain physical requirements.
The consumer reports sounds like a credit check to me. Now, if you have outstanding medical bills they might show up there as a lot of medical centers will report delinquent accounts.
Posted by Geegee on October 31, 2008, at 8:55:35
In reply to Re: Employment background check and psych records, posted by seldomseen on October 31, 2008, at 5:11:31
> They absolutely can NOT get your medical records without your consent. This is a Federal law.
If one refuses to give consent for release of medical information, however, would that negatively affect chances of getting hired? And if so, is that legal?
Sounds like a difficult situation. There may also be state laws which offer more protection for the individual than HIPAA. It might be helpful to consult the local NAMI chapter or the state or local Board of Mental Health or similar agency.
gg
Posted by Roslynn on October 31, 2008, at 17:33:41
In reply to Re: Employment background check and psych records, posted by Geegee on October 31, 2008, at 8:55:35
I've done some research and I think the form violates some or other law, I think ADA.
Fortunately it is just a temp agency and I can go elsewhere.
If it were a regular employer and I really wanted the job I would be in a difficult situation.
Thanks everyone who responded to my query!
Posted by bimini on November 1, 2008, at 17:44:45
In reply to Employment background check and psych records, posted by Roslynn on October 30, 2008, at 12:07:49
Jeepers! Maybe that isn't really a temp agency?
This is the end of the thread.
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