Employee Health Screen History

TLC Shelly

I work with a home health care company with offices in several western states. About two years ago I did away with a Health Screen History that asks very detailed questions about the employee's health history and replaced it with a very general "Do you have any physical or mental condition or take medication that limits your ability to do the job in way a, b, or c." Now the owner wants us to go back to the old questionaire. I see potential problems with the nature of the questions-Have you ever attempted suicide or been treated for a mental condition? Have you ever been denied life insurance? Have you ever had or been advised to have any operations? List all clinics, physicians, or other practitioners within the last 5 years? I know that I'm going to have to show in writing why this is ill-advised (chapter and verse). I read something about this very topic within the last two weeks, but can't put my hands on it right now. Can anyone refer me to the right information? Any help would be appreciated.

JM in ATL

These questions are asked to the employee before he/she is offered the position?

And how is this relevant to their job?

TLC Shelly

In the past, the employee completed the questionaire at Orientation. Now, they want me to give it with the application. I really don't see how these questions relate to the job. They explanation I've been given is "We need to know if there's a risk of anything bad happening in a client's home."

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 01-21-04 AT 05:26PM (CST)[/font][br][br]Of course it's illegal to ask an applicant to complete this questionnaire. That should be enough of a reason for your supervisor.

We covered this very question about 1.5 years ago but I don't know how to resurrect the thread. Our good Forum friend and sometimes contributor Dr. Steve McElfresh responded to my question this way (apologies that I don't quote him preceisely, but this is the jest of his logic):

"Don Imagine yourself on the stand in a disability discrimination suit. The plaintiff's attorney is questioning you. So, Mr. D. are you telling the court that your company gathers confidential medical information, which includes all manner of illnesses and conditions and record of Dr. visits and treatments and diagnoses...and your company not only gathers that from questionnaires but also maintains that information in its permanent files at the company? And are you telling the jury that your personnel department staff, who are involved in discipline and occasional promotions and recommending certain actions regarding employees...are you telling the court that you never once used any of this information in an employee's file, more specifically MY CLIENT'S file in any manner and that this information never once came to your attention or to mind when you were considering a personnel action involving her? Then, can you please tell the court what possible legitimate business use your department, or indeed your company, would have for such information if you or the company had no intention of using it in some manner, and are you in the habit or practice of gathering information for which you have no subsequent use? And do you expect this fine jury of peers, two of whom sit before you in wheelchairs and one who is blind, to actually believe your testimony?"

I got the point real quickly and immediately told our pre-employment physical clinic to cease sending us that questionnaire. We had no business having it then or now. What more can I say?

(Edit)I'll tell you what more I can say....Show your 'owner' what I wrote. And your owner, who surely has a business attorney if they own this company, tell him/her to ask this question of that attorney and if that attorney suggests you should use such a questionnaire before or during employment, I will send your owner a $1000 cashier's check.

marc

Tagging on to Don's thoughts... you can imagine the free-for-all that would occur if you actually screened some of your applicants based on a medical history including operations, physicians visits, denied life insurance application. I know there is a lot of debate about keeping this information confidential because congress is concerned that this information may impact hiring decisions. Things like a history of cancer in the family or heart disease, etc.

How all of this translates into something bad happening in a client's home is hard for me to imagine, but again, place yourself on the witness stand and answer plaintiffs attorney about why you did not hire an applicant when they showed some history in the areas your questionaire asks for. It would not be pretty.

Brad Forrister

For some chapters and verses, check just about any of our materials on the Americans with Disabilities Act. Nowadays add on HIPAA, which imposes confidentiality rules that will affect you both in your role as health care provider and employer.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

mwild31

Hi TLC Shelly! I haven't seen you around the forum - so welcome! Personally, I fail to see how a question regarding denial of health insurance could affect a client - or the rest of the questions for that matter. Don's right, Brad's right - your boss is wrong. If he's really concerned - he should have you do background checks for criminal activity - not questionaires such as these. In addition to checking out federal laws - you should also check with your state & see if they have any additional medical privacy laws. Welcome & good luck!

Whirlwind2

Welcome, Shelly.

Tell the owner to just cut to the chase and pin a big SUE ME sign on his back. You can quote me.