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Employers - Reporting Hep C
What are the legal requirements for reporting hep c to your employer?
I worked for a couple landscaping businesses and didn't see the need to inform them I had Hep C.
If the situation ever arose that I got into a catastrophic accident with a mower or something where there was blood splatter over everything would have been the only instance where they would have needed to know and that never happened so it was a moot point.
If the situation ever arose that I got into a catastrophic accident with a mower or something where there was blood splatter over everything would have been the only instance where they would have needed to know and that never happened so it was a moot point.
I did consider not telling my employer at first. However, I was worried about the side effects I knew I may be getting, so I told my employer and most others that I work with prior to starting treatment.
In response to caregiver222: Yes, there is a moral obligation to protect other people from getting our virus, that is true.
So for instance, if I worked in a restaurant,, and cut my finger, and bled on some food, that food would be disposed of, and I would clean any surface that my blood hit, with bleach, clean and cover the cut up, and most likely, take the rest of the day of. But that doesn't mean I would tell my boss, that I had Hep C. Most likely I would be fired.
Universal Precautions always need to be taken. In other-words, we all have to treat ourselves and other people as potential carriers of HCV, etc. We dont know who has it, and who doesn't, because mandatory testing is not yet required.
No need to discriminate against the people that were smart enough to
go and get tested~
So for instance, if I worked in a restaurant,, and cut my finger, and bled on some food, that food would be disposed of, and I would clean any surface that my blood hit, with bleach, clean and cover the cut up, and most likely, take the rest of the day of. But that doesn't mean I would tell my boss, that I had Hep C. Most likely I would be fired.
Universal Precautions always need to be taken. In other-words, we all have to treat ourselves and other people as potential carriers of HCV, etc. We dont know who has it, and who doesn't, because mandatory testing is not yet required.
No need to discriminate against the people that were smart enough to
go and get tested~
I filed Fmla but really havent used it much at work. The fmla papers are pretty clear with their questions the doctor has to fill out. If an employer is mean to you - or divulges your medical condition to anyone they can be charged by the federal goverment. It's a federal crime, Even after treatment they have to reinstate you to your original position if you were put on a less stressful task to help you through this. Hopefully employers are loving and caring I know thats not always the case. Management cannot spread anything you share with them about your health again I know it happens and if it does take action. You in noway have to tell them what's wrong.
In order to be honest and up front I told my employer about my issues, but I have a good solid relationship that goes both ways. I would not have told them if I was not comfortable and positive that it would not effect my employment. In my case it helped me because they are super understanding and have helped me a ot through the tx. The reason I say that is because at week 4 of tx I took medical leave and they have allowed me to work from home when they needed me to help keep some cash flow. Some employers pay a percentage of your wages while on medical leave. So, as you can see it is really going to be based on your relationship with your employer.
If you are not comfortable with un-disclosing your medical condition I would advise not telling them and try to work as long as you can without reveling your condition, then have your Doctor invoke the Family Medical Leave Act with a summary letter. The FMLA allows you up to 12 weeks of leave before they can take any action against your job. Make sure you document everything in case they do take illegal action to protect yourself
Hope this gives you some perspective and you can read the FMLA here --> http://www.dol.gov/whd/fmla/
If you are not comfortable with un-disclosing your medical condition I would advise not telling them and try to work as long as you can without reveling your condition, then have your Doctor invoke the Family Medical Leave Act with a summary letter. The FMLA allows you up to 12 weeks of leave before they can take any action against your job. Make sure you document everything in case they do take illegal action to protect yourself
Hope this gives you some perspective and you can read the FMLA here --> http://www.dol.gov/whd/fmla/
There are legal obligations and moral obligations. Governments come and go. Laws come and go. Rulebooks are paper. But the moral law remains always above and beyond "The Privacy Rule". The moral obligation a human being has is not to endanger another person's life. And as a carrier of hepatitis C, under certain circumstances that may be the situation. If you are in a job such as truckdriver there is no reason for you to broadcast your medical problems. If, on the other hand, you are working in a health care field, or in the food preparation field, the moral issues become more complicated.
Cheppie ,no need to report Hep C to any employer .Only .people working in healthcare need protection against Hepat B so if you have not Hep.B antibodies they do give you vaccine. Therefore ,when you start working in healthcare, employer draws your ,Hepatitis profile which includes Hep C antibody.If you are positive for Hep C it will stay strictly confidential in your employee health file, no questions asked.STAY WELL
There is no requirement to "report" your hepatitis C to your employer or anyone else in fact. Your health condition(s) is your own private concern. I order for someone to learn of your medical history you have to sign a HIPPA agreement indicating that you have given access to certain parts or all of your medical information.
Offering medical information to an employer is not a good idea. This information can be used against you although it is not legal for a company to do so.
We have heard many stories over the years from people who's information was used against them including people losing there jobs due to them reveling medical information that that had so need to provide. So if I were you I would not volunteer any information. Most HR departments are aware that it is illegal for then to ask and will not chance violating the law.
Do you know of all of the health conditions or illnesses of your co-workers, boss and management. I would think not. You shouldn't want to broadcast your own issues either. Your medical conditions are between you and your doctor and your insurance company.
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Summary of the HIPAA Privacy Rule
"What rights do I have under HIPAA?
Health care providers and health plans must give patients a clear, written explanation—called a “notice”—of how their medical record information will be used.
Patient consent is required before providers can release medical information.
Patients have the right to restrict uses and disclosures of their medical information as well as the right to revoke prior consent by submitting a written request to the provider.
Providers and health plans are required to give patients copies of their medical records upon request.
Providers are required to give non-health care entities only the minimum amount of medical information necessary. For example, a billing company only has access to the portions of your medical record relevant to billing, not the whole record.
Patients have the right to file a formal complaint with their provider or the Department of Health and Human Services about violations of the law."
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Who Can Look at and Receive Your Health Information
The Privacy Rule sets rules and limits on who can look at and receive your health information
To make sure that your health information is protected in a way that does not interfere with your health care, your information can be used and shared:
For your treatment and care coordination
To pay doctors and hospitals for your health care and to help run their businesses
With your family, relatives, friends, or others you identify who are involved with your health care or your health care bills, unless you object
To make sure doctors give good care and nursing homes are clean and safe
To protect the public's health, such as by reporting when the flu is in your area
To make required reports to the police, such as reporting gunshot wounds
Your health information cannot be used or shared without your written permission unless this law allows it. For example, without your authorization, your provider generally cannot:
****Give your information to your employer****
Use or share your information for marketing or advertising purposes
Share private notes about your health care
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Hector
Offering medical information to an employer is not a good idea. This information can be used against you although it is not legal for a company to do so.
We have heard many stories over the years from people who's information was used against them including people losing there jobs due to them reveling medical information that that had so need to provide. So if I were you I would not volunteer any information. Most HR departments are aware that it is illegal for then to ask and will not chance violating the law.
Do you know of all of the health conditions or illnesses of your co-workers, boss and management. I would think not. You shouldn't want to broadcast your own issues either. Your medical conditions are between you and your doctor and your insurance company.
------------------------------------------------------------------------------------
Summary of the HIPAA Privacy Rule
"What rights do I have under HIPAA?
Health care providers and health plans must give patients a clear, written explanation—called a “notice”—of how their medical record information will be used.
Patient consent is required before providers can release medical information.
Patients have the right to restrict uses and disclosures of their medical information as well as the right to revoke prior consent by submitting a written request to the provider.
Providers and health plans are required to give patients copies of their medical records upon request.
Providers are required to give non-health care entities only the minimum amount of medical information necessary. For example, a billing company only has access to the portions of your medical record relevant to billing, not the whole record.
Patients have the right to file a formal complaint with their provider or the Department of Health and Human Services about violations of the law."
---------------------------------------------------------------------------------------
Who Can Look at and Receive Your Health Information
The Privacy Rule sets rules and limits on who can look at and receive your health information
To make sure that your health information is protected in a way that does not interfere with your health care, your information can be used and shared:
For your treatment and care coordination
To pay doctors and hospitals for your health care and to help run their businesses
With your family, relatives, friends, or others you identify who are involved with your health care or your health care bills, unless you object
To make sure doctors give good care and nursing homes are clean and safe
To protect the public's health, such as by reporting when the flu is in your area
To make required reports to the police, such as reporting gunshot wounds
Your health information cannot be used or shared without your written permission unless this law allows it. For example, without your authorization, your provider generally cannot:
****Give your information to your employer****
Use or share your information for marketing or advertising purposes
Share private notes about your health care
-----------------------------------------------------------------------------------
Hector
I don't think there are any legal requirements. The only reason I can think that you should do so, would be in case of an accident.
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