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tatapatch tatapatch is offline
 
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Employer Info - Hipaa/privacy?
Old 07-31-2020, 07:00 AM
  #1

I have a family member whose employer is telling them that they must fill out a health questionnaire everyday before going into work. This requires them logging into their account, answer questions about whether they're running a temperature, have a cough, shortness of breath, etc. and if they've been in contact with anyone who has Covid. They must submit the form (it ends up being a google form) with their name attached to it.

My family member wants to know if that's acceptable. They do not mind actually answering the questions, but I think it's the recording of them. I've heard from a business owner that they were told by their attorney that they could ask the questions, but should not actually have them written down. My fm is concerned about where this information goes, who sees it, and what could happen with it.

Any ideas?


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Old 07-31-2020, 07:23 AM
  #2

I suspect they want a written record in case someone does contract the virus. They can then do contact tracing.
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Old 07-31-2020, 07:35 AM
  #3

My understanding of this comes from what we were instructed to do for summer camp. We could take kids temperature and ask about symptoms and contacts each day, however we could not write it down or record it anywhere. The reason was that once we started taking a written report it becomes medical records. We did not have the authority to build medical records on our students, just as employers do not have the right to accumulate and keep medical records on employees. I am assuming your friend works in education, they should check with their union.

Last edited by all41; 07-31-2020 at 07:59 AM..
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Old 07-31-2020, 08:17 AM
  #4

return plan for my school talks about students and teachers taking a health survey every day in addition to temperature screenings. I'm not sure how that will work out, but probably something like all41's summer camp protocol.
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Old 07-31-2020, 10:45 AM
  #5

Right. She does work in education.

She doesn't mind them verbally asking, but does not like the idea of them actually recording it. I don't blame her. I wouldn't like it, either.


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Old 07-31-2020, 10:48 AM
  #6

My district will require all students and staff to record that information online each day before entering the building because they are not going to do testing or temperature checks. I think they want to avoid the long lines going into the building that would occur if they did temperature checks. I never thought about this violating any privacy laws.
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Old 07-31-2020, 11:59 AM
  #7

My DH's employer UPS, wants to put an app on his phone and have him answer those questions everyday before work. He is not willing to do this. There are several at his work place that will not do it either. I can't imagine his union allowing it either. He is just now required to wear a mask every morning when he is in the building for their morning meeting. He and several others have just been standing outside next to their trucks instead of wearing the mask. He's kind of a rule breaker when it comes to his job demanding he do something like this. He does wear a mask into stores etc.. I think there is a fine line between privacy and safety.
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Old 07-31-2020, 02:07 PM
  #8

My acupuncturist does this every week with me before he will let me have my appointment. Ive done it also at other doctors office. I think it is not a violation because they are not asking you to disclose any medical information that is private.
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COViD Questionnaire Form
Old 07-31-2020, 06:35 PM
  #9

My school district is doing the same when we return on Monday.


Also, the dentist did the same on a paper form with my name when I went last week.


Quote:
They do not mind actually answering the questions, but I think it's the recording of them

I think the recording of the information is essential to ensure that the

employees or patients is truthful & it makes the info a part of a lawful

binding document.
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Old 07-31-2020, 07:07 PM
  #10

We will be required to fill out a screening form on an app every day, and our temperatures will be taken before we can come in each morning. It honestly would have never occurred to me to be bothered it by it. The questions aren't very invasive- what nefarious thing could the school possibly do with the answers? I could see being upset if they were asking for detailed private medical history. In this scenario, they know if someone has a headache or a sore throat. I just don't see how that's a big deal, even with the answers being recorded. So theoretically someone could look back and see you had a headache on 8/5 or whatever. Again, how could they possibly use this information for negative reasons?


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Old 07-31-2020, 09:11 PM
  #11

I agree with Haley.

That said, it feels a bit like virtue signaling because by the time you have a fever, it's too late?
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Old 08-02-2020, 12:33 PM
  #12

I believe her thing too is that every year, she gets this terrible cough and such in the Fall. Last year, I think it lasted like 3-4 months. The dr. can't seem to figure it out. So she is worried that she will have to not be at work for that long.

Also, she heard that someone answered that they had a headache on the survey and they sent that person home. So, are they going to send her home every time she has a headache or cough? I know you don't know the answer to that question, but just something that makes me start thinking, too!
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