May I as an occupational medicine physician in a hospital-based practice NOT release the results of preplacement and surveillance physical exams to an examinee when the examination was paid for by the employer? This has been my practice in my private practice, however, in the hospital setting, the hospital is saying that the examination is a part of the medical record and should be accessible to the patient.
In my previous private practice (occupational medicine) I was often directed by local employers and federal third party administrations for federal examinations that I not release the results of periodic physicals to the examinee.
I did check the OSHA website and 1910.1020 says the employee does have access to his preplacement and periodic physicals via his employer. The HHS website says that HIPAA does not apply to employers who request medical information from employees. Neither website seems to answer my question directly. Thank you.
By the way, I have the same question regarding DOT physicals. Thanks.
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The employee always has access to the medical record of the exam as he is the one that it pertains to and his consent is required to give it to anyone else. Does not matter who paid for the exam.