None of Your Business, Worker Tells CVS
http://www.courthousenews.com/2014/03/17/66188.htm
From the article:
CVS pharmacy makes employees take a “Wellness Exam,” which includes questions on whether they are sexually active and blood work to see if they are at risk for “a variety of medical conditions,” a woman claims in a class action in state court.
Watterson claims her employer required her to take a “Wellness Exam” at either a CVS “Minute Clinic” or at a doctor of her choice. Employees who did not take the exam faced a $600 annual fine, deducted from their paycheck, she says.
“During the ‘Wellness Exam,’ a doctor performs blood work, which, upon information and belief, is utilized by defendants to ‘flag’ employees who are at risk for a variety of medical conditions,” the complaint states.
In addition to the exam, which Watterson says she had to pay for, CVS made her fill out a survey that asked personal questions such as weight, body fat percentage, whether she drinks or smokes and is sexually active. The survey was “required in lieu of a $600 fine,” according to the lawsuit.
Otherwise mandatory health exam, probing health questions, on the employee’s own time, employee has to pay the cost of the exam and transportation costs.
The question remains.. who has access to all of this HIPAA personal information ? If CVS – like most major American corporations – are self-insured for healthcare costs.. a small per-cent of “very sick” employees, their spouse or children… could put a dent into the corporation’s bottom line.
With more and more states going to “at will employment”… where an employer can dismiss any employee for any reason… Could there be a opportunity for CVS to have access to these PHI HIPAA protected information? You know, no employee is perfect… a couple of write ups for nebulous reasons and the next one they are out the door.. and better yet.. the employee may not be eligible for unemployment … because they were fired for cause. I guess since the company could be protecting the bottom line by ushering out the more costly employee.. why not make sure the company doesn’t get any increased unemployment taxes by making sure the employee is not eligible for unemployment… I am sure that the company’s stockholders are giving “two thumbs up “.. I wonder which digit the fired employee is going to be showing the company ?
Filed under: General Problems
I always thought the employers couldn’t ask health questions as part of employment or what you did on your OWN PERSONAL time. And insurance companies were forbidden from divulging your health info to your employer.
If the employer is self-insured… who is the “insurance company”. they may have a “insurance company” that adjudicates paying the claims and insure after a catastrophic level is reached either per family or per company. And you forgot that we now have a eleventh commandment.. “Nothing is illegal unless you get caught.. don’t get caught”
In this area ( Harrisburg PA ) health screenings were done at the Regional Business Office….can you just imagine where some of this info went. Of course these were the folks that could not pay the fine!!!
Great post! I pay the fine at my company. I can afford the fine. Lower level employees are now being “forced” to give up their most personal information. This is just plain wrong.