Human Resource Blog

Prescription Medication

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

	Labor Laws
Complete State & Federal Labor Law Posters 1 Year Compliance Protection Plan State ONLY Labor Law Posters Federal Labor Law Posters

An Ohio employer is shopping around for a new health insurance policy. They’ve requested all employees bring in a list of current prescription medications. Some employees do not feel comfortable sharing this information. Is it legal for them to request this info, and if an employee declines to provide it, can he or she be terminated?

This is probably a violation of federal HIPAA regulations, which require that employers have limited access to an employees medical information, and that they keep that information private. In this case, the employer has no legitimate need to know the employees medical condition, which would be revealed by a list of medications. For example, an employee who disclosed their use of certain drugs would be cluing the employer into the fact that the employee is HIV positive. Sadly, some employers would use this information to discriminate against certain workers, even though iit is not legal.

One way for the employer to handle this would be to ask — not require — that employees submit a list of medications that they might be interested in, anonymously. Even then, it is somewhat problematic. We will give the employer the benefit of the doubt, that they are trying to find a plan that includes everyones prescription drugs yet keeps costs low. But this is not the way to do it.

It would be illegal to fire an employee for refusing to share this information, because the employer cannot legally require the information.