Brief Overview:IMEs (Independent Medical Examinations) can have an impact on employee privacy rights in New Brunswick. Employers, insurance companies, and the legal community often request IMEs to assess an individual’s medical condition or disability claim. While IMEs serve a legitimate purpose, they also involve the sharing of personal health information, which raises concerns about employee privacy rights.
5 Supporting Facts:
1. Consent is required: Before conducting an IME, employers or insurers must obtain the individual’s consent to share their personal health information with the examiner.
2. Limited disclosure: Only relevant medical information should be shared during an IME to ensure compliance with privacy laws.
3. Privacy legislation applies: In New Brunswick, the Personal Health Information Privacy and Access Act (PHIPAA) governs how personal health information is collected, used, disclosed, and protected.
4. Safeguards are in place: PHIPAA requires organizations to implement appropriate safeguards to protect personal health information from unauthorized access or disclosure during an IME process.
5. Employee rights protection: Employees have the right to access their own personal health information held by employers or insurers under PHIPAA.
FAQs:
Q1: Can my employer require me to undergo an IME without my consent?
A1: No, your employer cannot force you to undergo an IME without your consent as it involves sharing your personal health information.
Q2: What happens if I refuse to participate in an IME requested by my employer?
A2: Refusing may have consequences depending on specific circumstances such as employment contracts or disability benefit policies. Consult legal advice for guidance.
Q3: Will my employer see all my medical records during an IME?
A3: No, only relevant medical records related directly to your condition being assessed should be shared during the examination.
Q4: How long can my employer retain my personal health information obtained through an IME?
A4: Employers should only retain personal health information for as long as necessary and in compliance with privacy legislation.
Q5: Can I request a copy of the IME report?
A5: Yes, you have the right to request a copy of the IME report under PHIPAA. However, there may be limitations or redactions based on legal requirements.
Q6: What can I do if I believe my privacy rights were violated during an IME?
A6: You can file a complaint with New Brunswick’s Office of the Privacy Commissioner for investigation and resolution.
Q7: Are there any exceptions to employee privacy rights during an IME process?
A7: In certain cases where there is a legitimate need, such as assessing workplace accommodations or determining eligibility for benefits, some limited disclosure may be allowed.
BOTTOM LINE:
IMEs in New Brunswick must adhere to privacy laws outlined by PHIPAA. While employers have the right to request these examinations, employees also have rights regarding consent, limited disclosure of relevant medical information, and access to their own personal health information. It is crucial for both parties involved in an IME process to understand and respect these privacy rights.