Background Checks and Prior Diagnosis

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BlackMetalIstKrieg
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13 Jul 2009, 4:59 pm

Hey all, I would like some help with this question.

I'm considering applying to some big-firm finance jobs. I have a good GPA / extracurriculars, good professional references, interview well, and have good experience / references for a university student. However, my experience has always been at small firms with less extensive background checks. No criminal background, clean drug test.

Will a background check turn up my youth diagnosis of (299.00) autistic disorder, or does HIPAA prevent this? Very few of my friends know, so I'm reasonably sure I can pass for normal. And I'm perfectly fine with rejection - there's always somebody better for the position, whether it's through connections or skill.

Thanks in advance.



Zsazsa
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13 Jul 2009, 6:10 pm

Your medical records...and medical diagnoses...are protected under the law. No one can view your medical history unless they have your authorized permission. Background checks are done by employers to determine if one has a criminal history or has been convicted of a drug offense...



BlackMetalIstKrieg
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13 Jul 2009, 6:39 pm

Thank you.



Dilbert
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13 Jul 2009, 7:07 pm

Yes. A normal check done by an employer would not get into your medical records.

You have nothing to worry about, unless you are applying for a job with the FBI or CIA or something. They would dig deep and find out everything about you.



zer0netgain
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14 Jul 2009, 6:36 am

Just read anything you sign carefully. If they state medical records, there is a chance they might look into those. Sometimes it's just a standard form that can be used for anything. Sometimes they're telegraphing what kind of information they're going to be obtaining.

Good luck.



Aoi
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19 Jul 2009, 9:43 pm

Although by law, corporations in the U.S. are barred from looking into your medical history, in practice many actually do. I have this on good word from a recruiter who is a family member, and several of the docs I've seen in recent years, along with articles in the mainstream press.

Getting a security clearance with the government, esp. with a three-letter agency, requires a deep background check, along with dozens or forms, a full physical and psychiatric exam, plus interviews with you and your family, friends, coworkers, and anyone other person of interest. You will not be able to hide much of anything, unless you are very well trained to do so. (This information comes from another family member, who used to work with the gov't.)

Your best hope is that if your potential future employer looks into your medical history, they simply do not look far enough, or your diagnosis never made it from paper into a database. You can get a copy of your entire medical history as held in such databases by contacting MIB (Medical Information Bureau) at this link: http://www.mib.com/html/request_your_record.html

I hope you get the job.



GreatCeleryStalk
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03 Aug 2009, 3:52 pm

It's uncommon for employers to look in to medical history. Some do. Due to HIPAA medical information is relatively protected.



Aoi
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04 Aug 2009, 1:01 pm

GreatCeleryStalk wrote:
It's uncommon for employers to look in to medical history. Some do. Due to HIPAA medical information is relatively protected.


I wish that were true. But an increasing number of employers do look at medical history, even calling hospitals and doctor's offices to ask about a person's history. One of my psychiatrists receives calls like this every week, sometimes every day, to his direct line, and the hospital where he was once assistant head of the psych department got many, many more.

Besides, so many people post personal info, including medical info, on their Facebook, MySpace, and similar pages, that a company only needs to Google you (or use better search engines for looking at the deep Web) to find out a great deal.

The advice I got from a recruiter in the job placement business for over 30 years was to tell any potential employer about any medical condition that might affect job performance up front, since they would find out very quickly anyway. Doing so is a form of protection, since discrimination is illegal, and if you tell them, they can't claim not to know (which they can claim if they went and found out on their own).

I suspect this advice only applies with certain types of jobs and some companies, and is not relevant for others.



GreatCeleryStalk
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05 Aug 2009, 2:54 am

It depends on what they're asking and where you live. Much of what you've described violates HIPAA. I know if I were to have done this at any of the institutions I worked for in an HR capacity I would lose my job very quickly.

People can ask but physicians are legally prohibited from disclosing. The penalties for HIPAA violation are pretty steep, so if you do find that someone is doing this, there's a very good chance you can pursue a claim against the physician for violating HIPAA.

There are certain exceptions, such as consenting to a medical evaluation as part of pre-hire screening or for insurance/job fitness purposes, and the various kinds of jobs which require particular kinds of security clearance.

You should disclose medical conditions or disabilities which may inhibit job performance, but the likelihood that your psychiatrist is willing to put his medical license on the line for some random HR person is very, very slim.