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HIPAA: Who can and can't ask you questions about your health

Your employer can ask you for health information, but they can't ask your healthcare provider for information about you without your consent.

GREENSBORO, N.C. — You know the acronym HIPAA, stands for Health Insurance Portability and Accountability Act of 1996. It is a federal law that restricts the release of medical information without a person's consent. 

Kayte Spector-Bagdady, a lawyer and bioethicist says "While people often feel like HIPAA protects them from being asked about their medical information or prohibits other people from asking about their medical information. Neither is true."  

For example,  the U.S.  Department of DHHS confirms your employer can ask you for a doctor's note or other health information if they need the information for sick leave, worker's comp, wellness programs, or health insurance.  However, if your employer asks your healthcare provider directly for information about you, your provider cannot give your employer the info without your authorization. 

HIPAA's privacy rule sets regulations and limits on who can look at and receive a person's private medical information, whether electronic, written, or oral. However, the rule only applies to three groups:  health plan providers, most healthcare providers, and healthcare clearinghouses. 

Life insurers, employers, most school districts, and law enforcement agencies that have access to your private medical information are not required to follow HIPAA rules. 

According to Consumer Reports, HIPAA rules also don't protect your private medical data when you're wearing a smartwatch like an Apple Watch or Fitbit or using most period tracking apps.

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