- This topic has 17 replies, 14 voices, and was last updated 1 year, 2 months ago by
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PMy new company conducted a pre-employment medical test, sponsored by them. I expected to get the report, but HR didn’t share it. When I asked, she said, “Why do you want it? Do you have any reason?”
Aren’t medical reports my personal information, regardless of who paid for it? Can they legally deny me access to it?
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CWell if it’s bothering you so much, you can push for it and see how far it goes. Legally speaking you should be entitled to a copy of it. I don’t see any reason why you can’t have a copy of it, unless you have signed something to the contrary.
IMO this is not something that you should be aggressive about. I cannot say how you will be viewed at after aggressively pushing for it in a company that you would be joining.
But if you are a man of principles, please go ahead and let them know that you are not the guy who will take BS.
I am a lawyer.
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AYou are entitled to the copy of the medical report, and it’s a must to safeguard any legal issues arising from it in the future. So you know, the report is not tampered as evidence. If you are denied, you can either move to another job considering the company is already being shady about their dealings or write an email to the HR stating since you have not been provided any copies of the medical report, you cannot vouch for its authenticity in the future and continue with the job. Choice is yours. I have not come across any company not sharing the medical report in my tenure.
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VNAL but I don’t think there’s any law which mandates an employer to share the medical report of an employee with them. Your employer has paid for your medical test for their own purpose. If you didn’t want to share your personal details with them, you should have denied to undergo their sponsored test. Sharing the report does not mean that they will not retain the report with them. If you want your test report then pay and get your own test done.
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BNo, they are not obligated to share with you. But in Insurance even if the insurer paid for it, they are legally bound to share with you if requested by you.
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FMay I know how so the company which will employ the OP is not obligated to share OP’s blood report to the OP despite Op’s blood drawn from OP’s body?
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BOP must have provided consent by signing the offer letter with t&c. His health records are private and can’t be used by employer other than for employment reasons (like insurance assessment, job suitability etc). OP had the choice to read the employment conditions and reject the offer but he accepted. There is no law for OP to demand his reports. Like I said IRDAI has asked insurance companies to provide customer reports even if company paid.
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FHmm… Sounds awkward. You can use a person’s body to conduct medical tests on that person but the entity which conducted the medical tests on the person has the rights to deny that person to view that person’s medical reports.
The person’s health records are “private” to whom? The entity or the person who was used to conduct medical tests?
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P-Company gets employees insurance.
-Insurance company does medical test to identify the insurance premium amount which the companies pay.
-company chooses a plan & pays the premiumHowever, Most companies simply choose a plan & don’t even do medical tests
In all of this, HR not giving copy doesn’t fit anywhere. HR is just being annoyingly authoritative for no reason. Tell them this
It’s my PHI, I need copy of it.
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